Home office and the cross-border commuter agreement with Italy
Today, around 85,000 Italian residents work in the border cantons of Ticino, Grisons and Valais. The cross-border commuter agreement concluded with Italy is of great importance especially for the canton of Ticino with its approximately 75,000 cross-border commuters, of which around 66,000 are considered cross-border commuters within the meaning of the agreement.
Cross-border commuter regulation Switzerland-Liechtenstein
The double taxation agreement between Switzerland and Liechtenstein contains a special rule for cross-border commuters, according to which the income from employment earned in the State of activity is allocated to the State of residence for taxation. If, on the other hand, an employee in a cross-border context does not meet the criteria established for cross-border commuters, the earned income is allocated for taxation to the State of activity and the State of residence on a pro rata basis in accordance with the general principles. Against this background, employers who employ cross-border commuters from Liechtenstein or Switzerland have different clarification and declaration obligations.
Tax pitfalls in the dissolution of a community of preferential heirs
Particularly from a tax law perspective, caution is required with such conversions or investments, as a community of anticipated heirs could qualify as a simple partnership under tax law, the dissolution of which would result in the settlement of deferred real estate gains tax. The members of a community of anticipated inheritance are often not aware of these tax consequences.
Charitable foundations - explosive tax law issues
Legal entities that meet the respective requirements of Art. 56 lit. e, g and h of the Federal Law on Direct Federal Tax (DBG) generally benefit from a subjective tax exemption. If legal entities are subjectively tax-exempt due to the pursuit of charitable purposes, according to Art. 56 lit. g DBG, the acquisition and management of "significant capital investments in companies" are only permitted under restrictive conditions. The Federal Supreme Court recently had to assess the question under which circumstances the holding of a significant equity interest in an operating company by a charitable foundation precludes a subjective tax exemption.
Uniform flat-rate tax deduction for all employed persons
At its meeting on 17 November 2021, the Federal Council instructed the FDF to draw up a bill concerning a uniform flat-rate tax deduction for all employed persons.
FTA publishes maximum pillar 3a deductions
In 2022, the tax deduction within the scope of tied personal pension provision (pillar 3a) is CHF 6,883 for taxpayers with a 2nd pillar and CHF 34,416 for taxpayers without a 2nd pillar. The maximum deductions are also the relevant payment limits.
FTA publishes tax statistics for individuals and legal entities 2018
On 8 November, the FTA published the 2018 tax statistics.
The FTA has updated the statistics on the capital contribution principle (November 2021)
The Federal Tax Administration (FTA) has updated the statistics on the capital contribution principle (capital contributions, repayments and other changes) as of 30 September 2021.
Council of States agrees on bill to abolish imputed rental value
On 21 September 2021, the Council of States, as the first Council, approved the bill.
Federal Council presents a study on individual taxation
At its meeting on 24 September 2021, the Federal Council approved the outline of individual taxation.
Memorandum of Understanding between Switzerland and France
SIF announced on 23 September 2021 that the provisional mutual agreement of 13 May 2020 between Switzerland and France on the taxation of cross-border workers who work in the home office as a result of measures taken to combat COVID-19 will remain in force until 31 December 2021.
Special tax law challenges for cohabiting and patchwork families
Workshop by Alexandra Hirt on the occasion of the ISIS) seminar on 16 November 2021 entitled "Marriage, partnership and family in tax law".
Selected case studies on family taxation in Switzerland
Workshop by Stephanie Eichenberger on the occasion of the ISIS) seminar on 16 November 2021 entitled "Marriage, partnership and family in tax law".
Legal framework - introductory presentation with case studies
Workshop by Patrick Scherrer on the occasion of the ISIS) seminar on 09 November 2021 entitled "Freelance work: tax, social security and pension law aspects".
Seminar folder ISIS)-Seminar "Employee Compensation in Tax and Social Security Law" (2021)
Case studies, detailed solution notes and slides: Here you will find all the documents (workshops and presentations) according to the following description from the ISIS) seminar "Employee compensation in tax and social security law" on 13/14 September 2021 under the direction of Julia von Ah, which took place in Nottwil.
