Combating the misuse of letterbox companies
On 22 December 2021, the European Commission published a draft directive to combat the abusive use of letterbox companies within the EU. The directive, which is to be classified under ATAD III, imposes reporting obligations on letterbox companies and leads to the loss of tax benefits if certain substance criteria are not met.
Taxation of the Digital Economy - OECD Agreement on Global Tax Reform (Pillar One and Two)
137 countries of the Organization for Economic Co-operation and Development (OECD) - including Switzerland - agreed to a comprehensive global tax reform on 8 October 2021. The global tax reform aims to introduce a worldwide redistribution of profits of multinational corporations with a turnover of more than 20 billion euros (Pillar One) and a global minimum taxation of 15% for multinational corporations with a turnover of more than 750 million euros (Pillar Two). The implementation of the reform will pose major challenges for companies, but also for states. Pillar One will result in multinationals becoming taxable in a state even if they have no physical facilities such as offices or premises in that state. At least 25% of profits exceeding 10% of turnover will be taxed in the states where the turnover is generated, irrespective of the existence of a physical presence. Pillar Two will introduce a global minimum tax of 15%. The tax rate will be calculated at the state level and not at the individual company level. In addition, the calculation of the global minimum tax will be based on taxable profit and taxable net income, an international accounting standard and not local legislation, such as Swiss commercial law. This article explains how Pillar One and Two work, the currently envisaged implementation of the reform in Switzerland, its impact on global tax and location competition and on Swiss-based companies.
Collective investment schemes with real estate: Selected issues in the real estate transfer tax
Recently, various questions have arisen in practice in connection with the transfer tax for collective investment schemes with direct real estate holdings. This article examines whether the transfer of real estate from one fund management company to another and the transfer of real estate from one collective investment scheme to another triggers the transfer tax.
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.
Compensation paid by Swiss companies to foreign directors
This video provides information on the possible tax and social security implications of a board of directors resident in an EU country in the case of a Swiss company limited by shares if the board of directors is also self-employed in its country of residence.
Tax information on STAF published
The Documentation and Tax Information team, in collaboration with the Tax Policy Department, has prepared an article entitled "Federal Law on Tax Reform and OASI Financing" (STAF) for the Tax Information dossier.
Acceptance of tax submission 17 in the canton of Zurich
After the "Federal Law on Tax Reform and OASI Financing" (STAF) was approved at federal level by the people and the cantons with around 66%, the cantonal bill was also accepted with a yes vote of around 56%.
FTA publishes working paper on cryptocurrencies and ICOs/ITOs
The emergence and spread of crypto-currencies have raised various questions about the tax treatment of these book-entry securities. The Swiss Federal Tax Administration (FTA) has published a working paper outlining the practice developed to date (status end of May 2019).
Bundesrat approves key points of a reform of the withholding tax
On 26 June 2019, the Federal Council decided to resume the suspended reform of the withholding tax. To this end, it approved the objectives and the key parameters.
STAF enters into force on 1 January 2020
According to a press release dated 14 June 2019, the Federal Law on Tax Reform and OASI Financing (STAF) will come fully into force on 1 January 2020.
STAF - Abolition of the federal practices for principal companies and Swiss Finance Branches
As part of the implementation of the STAF, the Federal Tax Administration (FTA) will no longer apply the federal practices for principal companies and Swiss Finance Branches from 1 January 2020.
Adoption of the tax reform and AHV financing (STAF) (referendum of 19 May 2019)
After the Corporate Tax Reform III (USR III) was rejected in February 2017, Swiss voters voted on the tax reform and AHV financing (STAF). The proposal was accepted by the people and cantons with around 66% (cf. preliminary official final results).
Clarification of legal information and preliminary tax assessments (tax rulings)
On 29 April 2019, the Federal Tax Administration (FTA) published details of the code of conduct for the provision of legal information and rulings in the areas of value added tax and corporate tax for radio and TV as well as tax rulings for direct federal tax, withholding tax and stamp duties.
Possibilities and limits of corporate tax planning - national and international
Workshop on the occasion of the ISIS seminar on 9/10 September 2019 entitled "Tax planning in the area of conflict between cost optimisation, tax compliance and Good citizenship - opportunities and risks".
ISIS) seminar "Current Issues in Corporate Tax Law (Repetition)" (seminar folder)
Case studies, detailed solution notes and slides: Here you will receive all documents (workshops and presentations) according to the following description from the ISIS) seminar "Aktuelles zum Unternehmenssteuerrecht (Wiederholung)" from 03/04 June 2019 under the direction of Peter Mäusli-Allenspach, which took place in the Grand Resort in Bad Ragaz.