Refund of withholding tax in international relations
The refund of withholding tax on dividends from Swiss companies by foreign shareholders can only be made on the basis of a double taxation agreement between Switzerland and the country of residence of the claimant. In order to claim relief from withholding tax under the applicable double taxation treaty, the residence of the claimant must be confirmed by the foreign tax authorities.
Transfer of the registered office to Switzerland - A case for the old reserve practice?
The problem of old reserves has become an integral part of daily tax consulting practice in Switzerland. The corresponding problem will be examined in this article on the basis of a transfer of the registered office of a foreign company to Switzerland. Here, too, the Federal Tax Administration (FTA) initially assumed that the "old reserves" brought into Switzerland were subject to Swiss abuse practice without restriction.
Place of actual administration in the age of digitalisation & home office
Since the concept of the place of actual administration was incorporated into the law in 1951, digitisation has progressed in great strides. The author explores the question of the extent to which, in the age of home offices and video conferencing via the internet, criteria such as office space, lack of staff, lack of telephone accessibility and address redirection are still contemporary and whether the place of actual administration can still be determined geographically at all in the face of increasing mobility.
Technical information "Withholding tax according to DTA" has been updated
The following documents have been updated:
FTA updates the publication "Tax burden in international comparison
The publication summarises the tax rates and tax ratios in various OECD countries. Among other things, it compares corporate tax rates, capital tax rates for companies, withholding tax rates, emissions and turnover taxes, VAT rates and the treatment of losses in 2020. In particular, the publication also contains various statements on the ratio of direct to indirect taxes.
FTA updates guidance on the standard for AEOI in tax matters
The FTA has updated the guidance on the standard for the automatic exchange of information (AEOI) in tax matters.
New cross-border commuter agreement between Switzerland and Italy of 23 December 2020
On 23 December 2020, Switzerland and Italy signed a new agreement on cross-border commuters, which replaces the current agreement of 1974 and now applies reciprocally.
Canton of Zurich: Tax segregation of companies with foreign permanent establishments
Section 57 para. 3 StG ZH was adapted to the corresponding provision in the law on direct federal tax with effect from 01 January 2021.
Memorandum of Understanding with the Philippines
The State Secretariat for International Financial Matters SIF has concluded a mutual agreement with the Philippines on the recognition and provision of Philippine tax residency certificates. This agreement will enter into force on 10 December 2020.
FTA publishes notices on FATCA group requests
On 1 December 2020, the Federal Tax Administration (FTA) published FATCA group requests pursuant to Article 12(1) of the FATCA Law.
Consultation agreement with Germany on cross-border workers and state benefits extended
The State Secretariat for International Financial Matters (SIF) reported on 3 December 2020 that the consultation agreement between Switzerland and Germany on the taxation of cross-border commuters and treatment of state support benefits will remain in force until 31 March 2021 (see our article of 13 June 2020).
Switzerland as a location for the tax planning of international corporations (inbound)
Workshop on the occasion of the ISIS) seminar of 8 March 2018 entitled "Structuring Cross-Border Business Activities
Tax challenges of cross-border business activities for Swiss groups
Workshop on the occasion of the ISIS) seminar of 8 March 2018 entitled "Structuring Cross-Border Business Activities
