Taxation of NFTs in the luxury industry - a case study
Non-fungible tokens ("NFTs" for short), i.e. unique cryptographic tokens representing physical or digital value, are currently on everyone's lips - at least since the NFT "Everydays: the First 5000 Days" was auctioned by Christie's in 2021 for USD 69.3 million. Using the NFTs of the watch brand DuBois et fils, which were issued for the first time in 2021, it will be shown how companies in the luxury sector can use NFTs both to market products and to build a close customer relationship, and which tax issues have to be taken into account.
Quasi-property trading - from the elasticity of the criteria
In its ruling, which was heard in public on October 13, 2022 and served on the parties in writing on March 30, 2023, the Federal Supreme Court dismissed the appeal of a married couple residing in the Canton of Zurich. It upheld the ruling of the Administrative Court of the Canton of Zurich, according to which the taxpayers had qualified as quasi-real estate dealers by selling a rented apartment building. The Federal Supreme Court based its decision on the fact that the taxpayers, who also held other rented properties in co-ownership, had taken a high financial risk when acquiring the property, had sold the property after a short holding period (5 ½ years), had spent a great deal of time managing the property during the holding period and had acquired it with the plan of achieving the highest possible profit upon sale. In their discussion of the ruling, the authors deal with the Federal Supreme Court's reasoning and explain why the ruling leads to legal uncertainties in practice.
Income tax-free repayment of a hidden capital contribution to the shareholder
The Federal Supreme Court had to decide for the first time whether the repayment of a hidden capital contribution to the shareholder constitutes taxable investment income or whether it can be made tax-free. After interpreting the term "repayment of contributions" in Art. 20 para. 3 DBG, it comes to the conclusion that hidden capital contributions also fall under this, that the accounting requirement from Art. 5 para. 1bis VStG is not relevant and that the repayment of a hidden capital contribution is income tax-free.
Algorithmically verified tax return in the ordinary mixed assessment procedure
The digitization of the tax area and, in particular, the automation of the assessment process are advancing. In the process, risk management systems can be used to automatically check the plausibility of tax returns. Such a risk analysis can lead to challenges under fundamental rights and data protection law, which must be countered in particular by creating specific legal foundations.
Consultation agreement between Switzerland and Germany concerning withholding taxes
The State Secretariat for International Financial Matters SIF announces that the competent authorities of Switzerland and Germany have concluded a consultation agreement on the procedure for relief from German withholding taxes on dividends, interest and royalties under the double taxation agreement between Switzerland and Germany.
Federal Council opens consultation for new regulation of professional costs
At its meeting on December 21, 2022, the Federal Council opened the consultation process for a new regulation of professional costs.
Maximum Pillar 3a deductions in tax year 2023
The tax deduction under the tied pension plan (pillar 3a) was adjusted for the tax year 2023 and amounts to:
FTA publishes tax statistics for individuals and legal entities 2019
On November 3, 2022, the FTA published the 2019 tax statistics.
FTA publishes interest rates for direct federal tax 2023
On October 13, 2022, the Federal Tax Administration (FTA) published the - unchanged - interest rates for the 2023 direct federal tax:
Tax justice initiative has come to fruition
The federal popular initiative "For individual taxation independent of civil status (tax justice initiative)" submitted on September 8, 2022, has formally come into effect.
FTA - Circular on professional expense allowances and remuneration in kind 2023 / Compensation for the consequences of the cold progression in direct federal tax for the tax year 2023
On September 21, 2022, the FTA published the circular "Professional expenses lump sums and remuneration in kind 2023 / Compensation of the consequences of the cold progression in the direct federal tax for the tax year 2023".
Monetary benefits
Workshop on "Monetary Benefits" by Sandro Di Giulio and Noëmie Kunz-Schenk on the occasion of the ISIS seminar "Taxation of Shareholder and Company in Personally Owned Businesses", September 18-19, 2023.
Valuation of shares in personal companies for property tax purposes
Workshop on "Valuation of shares in personal companies for wealth tax" by Remo Keller and Mauro Rezzonico on the occasion of the ISIS seminar "Taxation of shareholder and company in personal companies", September 18-19, 2023.
Seminar folder ISIS)-Seminar "Startups - Tax and Duty Law Challenges (1/2)" (2023)
Case studies, detailed solution notes and slides: Here you will receive all documents of the individual workshops according to the following content description from the ISIS) seminar "Startups - Tax and Tax Law Challenges (1/2)" from 07 June 2023 under the direction of Ruth Bloch-Riemer.