When does the formal liquidation of a general partnership end the independence of the partners? A case study from the field of real estate investments
In its ruling of November 26, 2024, the Tax Appeals Court of the Canton of Zurich confirmed that a taxpayer can terminate his self-employment and thus claim liquidation gains taxation even if he buys a property from the previous business assets, has it renovated together with another property acquired from his brother and rents it out, as the activity associated with the two acquired properties is not a continuation of self-employment but serves as a private investment.
Declaration obligations, advisor liability and mitigation of penalties: hot topics in criminal tax law
If declaration obligations are breached - both in the mixed assessment procedure and in the self-assessment system - which lead to a (possible) tax reduction, the question of criminal liability regularly arises in addition to the levying of any additional tax. The representative of the taxable person is increasingly being targeted by the tax authorities.
Criminal tax law risks of tax advice
As the legally compliant fulfillment of tax obligations requires knowledge of tax law, which the taxpayer often lacks in whole or in part, many taxpayers seek help in fulfilling their declaration obligations. If there are declaration errors that lead to at least the threat of a tax loss, the involvement of a specialist does not release the taxpayer from their responsibility for their tax declaration. Conversely, the professional involved, the tax advisor, can also be targeted by the authorities responsible for prosecuting tax offenses.
Dangerous game with risk of discovery - The criminal tax liability of external advisors and internal functionaries in the light of the Federal Supreme Court rulings 6B_90/2024 and 6B_93/2024
The Federal Supreme Court rulings 6B_90/2024 and 6B_93/2024 of February 3, 2025 raise fundamental questions regarding the criminal liability of tax advisors. The focus is on the requirements for perpetration of tax evasion and incitement to do so, as well as the distinction between permissible tax advice and punishable cooperation. The judgments shed light on the different roles of internal and external advisors and their significance for practice and the application of the law.
FTA publishes circular "Information sheet on withholding tax on substitute income
On 29 October 2020, the Federal Tax Administration published the circular "Instruction sheet on the withholding tax on substitute income" (2-186-D-2020-e). This leaflet has been completely revised in the course of the provisions on the revision of withholding tax that will come into force on 1 January 2021.
FTA publishes update to circular no. 37 "Taxation of employee shareholdings
On 30 October 2020, the FTA published an update to Circular Letter No. 37 "Taxation of Employee Participation".
FTA publishes circular "Interest rates in the area of direct federal tax for the 2021 calendar year / maximum pillar 3a deductions in the 2021 tax year".
On 22 October 2020, the Federal Tax Administration (FTA) published the circular "Interest rates in the area of direct federal tax for the calendar year 2021 / maximum pillar 3a deductions in the 2021 tax year".
Canton of Zurich: Amendment of the directive on the valuation of usufruct and periodic benefits for inheritance and gift tax purposes
The directive of the Finance Directorate of the Canton of Zurich on the valuation of usufruct and claims to periodic benefits for inheritance and gift tax purposes has been updated due to changes in life expectancy.
Deduction of professional expenses in the light of COVID-19 in the tax return 2020 (Canton of Zurich)
On September 9, 2020, the Cantonal Tax Office of Zurich published a notice according to which dependent employees can deduct their professional expenses (e.g. travel expenses between home and place of work and meals) in their 2020 tax return as they would have been incurred without COVID-19.
FTA publishes circular on flat rates for professional expenses and remuneration in kind 2021
The Swiss Federal Tax Administration (FTA) has published a circular entitled "Professional expense allowances and benefits in kind 2021 / Compensation for the consequences of cold progression in direct federal tax for the 2021 tax year".
Intent and negligence
"Workshop by Daniel Holenstein on the occasion of the ISIS) seminar of 09 May 2023 entitled "Intent and Negligence".
Criminal tax proceedings
"Workshop by Oliver Appenzeller and Mark Cagienard on the occasion of the ISIS) seminar of 09 May 2023 entitled "Criminal Tax Proceedings".
