Partial revision of the MWSTG and current developments
On June 16, 2023, the Federal Assembly adopted the partially revised VAT Act. In addition to the core element of taxing supplies via electronic platforms, the partial revision also includes numerous changes in the areas of internationalization, tax reductions, combating fraud and other simplifications. Entry into force is planned for January 1, 2025. Whether this date can be met also depends to a large extent on the partial revision of the VAT Ordinance, the draft of which is currently undergoing consultation from October 25, 2023 to February 8, 2024.
FTA VAT practice related to blockchain and distributed ledger technology (DLT).
The Swiss Federal Tax Administration (FTA) has already published its VAT practice in connection with blockchain and distributed ledger technology (DLT) for the first time in 2019. However, these practice determinations are incomplete in certain areas and have gaps. A revision is urgently needed.
Self-employed activity and allocation of services under VAT law - The crux of external appearance
In August 2021, the Federal Administrative Court ruled in two cases on the question of whether the fact of independence as an explicit requirement for a subjective tax liability was fulfilled. Directly linked to the question of independence is the assessment of the external appearance, i.e. an outwardly perceptible, independent appearance as a service provider. At the same time, the VAT Act links the external appearance to the assessment of which taxable entity the objective facts of the service provision, in short, to whom the turnover achieved is to be allocated. The independence required for tax liability and the allocation of services are thus interlinked on the basis of the external appearance as a common criterion.
Sale of own shares - a service within the meaning of the VAT Act?
In its ruling 2C_891/2020 of 5 October 2021, the Federal Supreme Court upheld the Federal Administrative Court and decided, contrary to administrative practice, that the sale of treasury shares does not constitute a supply of services within the meaning of Art. 18 para. 1 VAT Act and is therefore outside the scope of application of VAT. This article is a brief analysis of the Federal Supreme Court's decision.
New billing forms with new VAT rates
The new VAT rates will apply from January 1, 2024. The standard rate is 8.1%, the reduced rate is 2.6% and the special rate for accommodation is 3.8%.
Review of VAT balance rates - consultation of interbranch organisations
The FTA has reviewed the balance tax rates of all sectors and activities contained in the relevant ordinance (SR 641.202.62). On the basis of Article 37(3) of the VAT Act, it invited the relevant industry associations to comment by e-mail from 20 October 2023.
Consultation on the partial revision of the VAT Ordinance opened
At its meeting on 25 October 2023, the Federal Council opened the consultation on the partial revision of the Value Added Tax Ordinance (MWSTV).
Referendum deadline for partially revised VAT Act has passed unused
The referendum deadline for the partially revised VAT Act expired unused on 5 October 2023.
Enactment of the Ordinance on the Delegation to the Federal Department of Finance of the Authority to Amend the Annexes to the Swiss-Liechtenstein Agreement on Value Added Tax
The Federal Council on 21 June 2023 adopted the Ordinance on the Transfer of Authority to Amend the Annexes to the Swiss-Liechtenstein Agreement on Value Added Tax to the Federal Department of Finance.
FTA publishes declaration instructions for the new VAT rates
On June 16, 2023, the Federal Tax Administration (FTA) published declaration guidance for the new VAT rates that will apply beginning January 1, 2024.
Seminar folder ISIS)-Seminar "Real Estate Transactions - Tax Consequences National and Cross-Border
Case studies, detailed solution notes and slides: Here you will receive all documents of the individual workshops according to the following DeepL description from the ISIS) seminar "Real Estate Transactions - Tax Consequences National and Cross-Border" from September 12 and 13, 2022 under the direction of Julia von Ah.
Practical cases on value added tax
Workshop by Ralf Imstepf and Roger Rohner at the ISIS) seminar on 13/14 June 2022 entitled "Corporate Tax Law 2022".