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.
Restructuring merger between sister companies
This article first explains the different concepts of the need for reorganization under commercial law and tax law as well as the requirements for the tax recognition of the assumption of loss carryforwards in the context of a reorganization merger between sister companies. The tax consequences for the merged companies and for the joint shareholders are then also examined using examples.
Emission tax for refurbishments
A distressed company can be restructured in various ways. Balance sheet restructuring measures that do not provide the company with any external funds are not subject to the issue tax. Financial restructuring measures, on the other hand, are subject to the issuance stamp duty of one percent if they are carried out in return for the issue of participation rights or if shareholders make a contribution.
Editorial on the focus "Refurbishments"
In difficult economic times, many companies are faced with considerable financial challenges. The Covid-19 pandemic in particular has led to a number of companies needing to be restructured despite the aid granted, such as loans or hardship compensation. Restructuring a company is a complex process that requires not only strategic and operational measures, but also careful consideration of legal and tax aspects. After all, restructuring a company can lead to significant tax consequences.
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.
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Parliament revises revised withholding tax law
With the revised Withholding Tax Act, claims should be able to be asserted retroactively only for proceedings that have not yet been legally concluded. On Thursday the National Council resolved this last difference with the Council of States.
Referendum as final hurdle for tax bill
The AHV tax deal stands. The Council of States has resolved the last differences. Tax bill 17 is thus ready for the final vote at the end of the autumn session.
Tax bill 17 - Councils agree
The councils are in agreement on tax bill 17, and the last differences regarding the municipal article and the capital contribution principle have been resolved. An overview of the most important key points regarding tax submission 17:
Tax bill 17 - the WAK-N on course for the Council of States
The Committee for Economic Affairs and Taxes of the National Council (WAK-N) has begun detailed consultations on tax bill 17 (18,031) and has taken decisions on a number of key issues. So far, it has followed the Council of States in all points, including social compensation via the AHV and dividend taxation. The detailed discussion will be concluded at the meeting on 3 September.
Tax deductibility of fines under certain conditions
For the second time, the WAK-N dealt with the tax treatment of financial penalties (16,076). It proposes by 13 votes to 12 that fines and penalties imposed abroad should be tax deductible under certain conditions.
WAK-S: Withholding tax
The commission agreed by 6 votes to 4 with 1 abstention to the decision to follow the commission initiative of its National Council sister commission 17,494.
Federal Council adopts dispatch on the BEPS Convention
On 22 August 2018, the Federal Council adopted the dispatch on the multilateral agreement on the implementation of measures to prevent base erosion and profit shifting (BEPS). The message was referred to the Federal Councils.
New VAT regulation Online shopping abroad could become more expensive from 2019
The Federal Council has decided that mail order companies with a turnover of at least CHF 100,000 in Switzerland must pay VAT. Foreign online merchants today do not have to pay VAT on small consignments with a tax amount of less than five francs. For Swiss mail order companies, however, different rules apply: The consignments are subject to VAT if the company is entered in the VAT register. From 1 January 2019, this unequal treatment will cease.
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Inheritance and gift tax aspects of business succession
Workshop on "Inheritance and Gift Tax Aspects of Business Succession" by Andrea Opel and Raphael Hemmerle on the occasion of the ISIS seminar "Taxation of Shareholder and Company in Personally Owned Businesses", September 18-19, 2023.
Reclassification of capital gain into earned income
Workshop on "Reclassification of capital gains into earned income" by Stefan Oesterhelt and Philipp Betschart on the occasion of the ISIS seminar "Taxation of shareholder and company in personal companies", September 18-19, 2023.
Reclassification of capital gain as taxable capital income
Workshop on "Reclassification of capital gain from sale into taxable capital gain" by Thomas Wolfensberger and Marco Buchmann on the occasion of the ISIS seminar "Taxation of Shareholder and Company in Personally Owned Businesses" on September 18 - 19, 2023.
