Withholding tax criminal law
"After the game" - the levying of withholding tax in a control pursuant to Art. 40 ITA - "is before the game", the (offsetting) criminal tax proceedings. This is the short form of the development observed in the recent past, according to which the subsequent levying of withholding tax on pecuniary benefits not spontaneously settled by the taxable company in the control procedure is often followed by criminal tax proceedings. Since the taxable companies and their bodies are usually of the opinion that the matter is settled with the payment of the withholding tax, they are not prepared for the initiation of the criminal proceedings, and are even taken by surprise by them. However, this can have the consequence for the persons concerned that they have provided the evidence necessary for their conviction in the criminal proceedings without being aware of it. This article presents the main features of the criminal law on withholding tax and the criminal proceedings. It focuses on monetary benefits that are not spontaneously settled and shows who can be held criminally liable, what requirements must be met and what approaches exist to avert or reduce penalties.
Editorial for the special issue "Digitisation in tax law".
Digitisation places particular demands on the law and tax law. For a long time now, tax law scholars have been dealing with the difficulties of international taxation of digital business models, and international politics has also been discussing the international allocation of taxation rights for some time.
The digital tax administration
Has the conversion of the paper tax return into a pdf form reached the peak of digitisation in the tax administration? This article examines why and where digitisation is useful or necessary in the tax system, what opportunities it opens up and what questions and challenges it raises.
Tax Knowledge Management meets Digital Revolution
The "digital revolution" does not stop - no one should be surprised - even before or perhaps especially before knowledge management. But what exactly does "Knowledge Management 4.0", "Digital Knowledge Management" or "Knowledge Management in times of digitalization" mean? Big changes are always accompanied by uncertainty and a certain risk. In the following article the veil will be lifted a little.
Martin Huber about the new zsis)
The journal zsis) was renamed the "Center for Swiss and International Tax Law" in spring 2018. On the zsis)-platform, contents around the topic tax law are published. The publication takes place in 10 issues per year, which are sent directly and conveniently to your mailbox via a newsletter. All content distributed via the newsletter can also be found directly on the zsis)-platform.
OECD publishes report on Amount B of Pillar I
On February 19, 2024, the OECD/G20 Inclusive Framework on BEPS published the report on Amount B of Pillar I.
Tax-recognized interest rates 2024 for advances or loans in Swiss francs and foreign currencies
On 29/30 January 2024, the FTA published the circulars on the tax-recognized interest rates in Swiss francs and foreign currencies 2024.
Cross-border commuter agreement with Italy: FTA publishes list of municipalities from 2024
On January 19, 2024, the FTA published the list of Italian municipalities within the meaning of Art. 2 of the cross-border commuter agreement with Italy, valid from January 1, 2024.
FTA - Imputed interest rate on the security equity
The imputed interest rate on the security equity corresponds to the yield on ten-year federal bonds on the last trading day of the calendar year preceding the beginning of the tax period in accordance with Article 25abis paragraph 4 first sentence StHG.
Memorandum of Understanding between Switzerland and Italy - List of municipalities
On December 22, 2023, the SIF reported that the list of Swiss and Italian municipalities whose territory lies wholly or partly within a 20 km zone on the border with the other contracting state was set out in a mutual agreement.
Federal Council decides to abolish tax exemption on electric vehicles
From 1 January 2024, electric cars will be subject to car tax. At its meeting on 8 November 2023, the Federal Council took note of the results of the consultation and approved the amendment to the Motor Tax Ordinance.
FTA publishes interest rates for direct federal tax 2024
The Federal Department of Finance is adjusting the refund and default interest rates for federal taxes and levies to the increased interest rate level. From 2024, an interest rate of 4.75 percent will apply in the case of arrears and for refunds. The interest rate on voluntary advance payments is now 1.25 percent.
Taxation of intangible assets from the perspective of partnerships and SMEs
Workshop by Gian Andrea Rusca and Daniel Strahm on the occasion of the ISIS) seminar on 27 June 2022 entitled "Taxation of intangible assets from the perspective of personal companies and SMEs".
International transactions involving intellectual property
Workshop by Napoleão Dagnese, Balthasar Denger and Thomas Hug on the occasion of the ISIS) seminar on 27 June 2022 entitled "International transactions involving intellectual property".
Taxation of intangible property under Swiss tax law
Workshop by Anita Burri and Raphael Hemmerle at the ISIS) seminar on 27 June 2022 entitled "Taxation of Intellectual Property in Swiss Tax Law".
Seminar folder ISIS)-Seminar "Tax and Duty Treatment of Intellectual Property Rights
Case studies, detailed solution notes and slides: Here you will find all the documents of the individual workshops according to the following DeepL description from the ISIS) seminar "Tax and tax law treatment of intellectual property rights" of 27 June 2022 under the direction of René Schreiber.
