VAT treatment of fiscal and other financial incentives to promote business locations
As a result of the global minimum tax, Switzerland must rethink its existing fiscal incentives to strengthen the location of business standards. The tax advantage of existing incentives (e.g. special R&D deduction, patent box) loses its effectiveness for affected companies. The first cantons are therefore proposing new instruments such as the Qualified Refundable Tax Credit or state subsidies. This article examines the question of whether such new incentives to promote business locations fall under the VAT term "subsidies and other contributions under public law" and how they should therefore be treated, in particular to what extent a reduction of the input tax deduction should be applied or can be waived.
Inheritance and gift tax at federal level - the so-called "Future Initiative" of the JUSO
The "Future Initiative" aims to tax the assets of natural persons through an additional inheritance and gift tax at federal level. With an exemption amount of CHF 50 million, the tax affects wealthy individuals. The proposed tax rate was set at 50%, without providing for exceptions to taxation. Due to the existing inheritance and gift taxes, this could lead to a much higher effective tax burden. Numerous unresolved questions and a planned retroactive effect are already causing great uncertainty well before a referendum at the beginning of 2026. This article uses examples to illustrate possible consequences and measures for action.
Restructuring and insolvency - legal requirements under the revised stock corporation law
As part of its management and financial responsibility, the Board of Directors is obliged to monitor the financial situation of its company. If a company gets into financial difficulties, it must take measures to avert insolvency or at least prevent the damage from increasing. The revised Stock Corporation Act, which came into force on January 1, 2023, imposes specific duties on the board of directors in the event of imminent insolvency, half capital loss and over-indebtedness. This article deals with the legal requirements and shows to what extent the revision has brought changes to these restructuring-related provisions and what new questions arise in practice.
The definition of turnover according to the Minimum Tax Ordinance
According to the Minimum Tax Ordinance (MindStV), business units belonging to Switzerland are subject to Swiss supplementary tax if they belong to a group of companies with a turnover of at least EUR 750 million. The concept of turnover as a central prerequisite for subjective tax liability is only rudimentarily regulated in the ordinance. This article examines this concept from different perspectives with reference to various OECD/G20 documents and identifies open questions.
.jpg)
.jpg)
Selected parliamentary business in the tax area at federal level (October 2021)
The Federal Tax Administration (FTA) updated the selected parliamentary business in the area of tax at federal level on 22 October 2021.
Federal Council sets voting date for referendum against the amendment to the Stamp Duty Act
On 13 October 2021, the Federal Council set the referendum proposals for 13 February 2022. Among them is the referendum on the abolition of the emissions levy.
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 adopts dispatch on amendment of the Value Added Tax Act
At its meeting on 24 September 2021, the Federal Council adopted the dispatch on the amendment of the Value Added Tax Act.
Councils decide on higher tax deduction for children in external care
On 16 September 2021, the Council of States approved the bill. In future, parents will be able to deduct up to CHF 25,000 from direct federal tax for childcare costs.
Federal Councillor Alain Berset signs social security agreement with UK
On 9 and 10 September 2021, Federal Councillor Alain Berset was in London to sign the new social security agreement between Switzerland and the United Kingdom.
Federal Council supports abolition of imputed rental value
The Federal Council proposes that Parliament accept the bill of the Committee for Economic Affairs and Taxation of the Council of States (WAK-S), which proposes a change in the system of residential property taxation. At the same time, it proposes amendments to key parameters.
.jpg)
.jpg)
