Unfair conduct by taxpayers when determining tax domicile in an intercantonal relationship
As tax evasion presupposes a breach of procedural obligations, this article takes a closer look at the procedural obligations, in particular the taxpayer's duty to cooperate, both in ordinary assessment proceedings and in tax domicile proceedings. Finally, the supplementary tax procedure is also addressed, taking into account the latest case law of the Federal Supreme Court on the terms "unknown" or "new" facts and evidence.
New regulation of the enforcement of tax claims: The end of special execution for legal entities
Since January 1, 2025, tax claims against sole proprietorships, partnerships, corporations and other legal entities entered in the commercial register must be asserted in bankruptcy proceedings. The abolition of special execution has far-reaching consequences for companies, authorities and practitioners. This article sheds light on the new legal situation, points out risks, particularly in the enforcement of assessment notices from the FTA or provisionally assessed taxes from the cantonal tax administrations, clarifies key terms such as bankruptcy and mass liabilities and shows what taxpayers need to pay particular attention to in future.
Charitable foundations in tax law - open questions
Non-profit status depends largely on the framework conditions. If these are right, people are willing to make a contribution - be it through donations or volunteering. Tax law provides important incentives: it exempts charitable organizations from tax liability and allows donations to charitable organizations to be deducted from taxable income. Tax law has thus made a significant contribution to the strong growth of the charitable sector in recent years. The foundation sector is booming.
Tax exemption for charitable organizations with a few Basel treats
The charitable sector is of enormous importance in Switzerland. With around 13,900 foundations, Switzerland has the highest density of foundations in Europe. These foundations are managed by around 62,000 foundation board members. Foundation assets are estimated at CHF 140 billion. With distributions of CHF 1.5 to 2.0 billion per year, charitable foundations in Switzerland make a valuable contribution. The recipe for success is in particular the favorable legal framework in Switzerland, first and foremost the standards for tax exemption due to charitable status.
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.
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.
FDK publishes survey results on the implementation status of STAF in the cantons
The Conference of Cantonal Finance Directors (FDK) published the results of a survey on the updated implementation status of the Federal Law on Tax Reform and OASI Financing (SV17 / STAF) in a communication dated 10 May 2019.
Federal Council initiates consultation on STAF regulations concerning the deduction of interest on capital and foreign withholding taxes
On April 10, 2019, the Federal Council sent the ordinances for the implementation of STAF (tax reform and AHV financing) for consultation.
Provision of the entrepreneur in the course of succession (social security and tax law optimization potential and limits)
Workshop on the occasion of the ISIS) seminar on 14-15 September 2020 entitled "Tax-optimised corporate succession - opportunities and risks of fundamentally different succession options".
Financing of MBOs
Workshop on the occasion of the ISIS) seminar on 14-15 September 2020 entitled "Tax-optimised corporate succession - opportunities and risks of fundamentally different succession options".
Tax optimization of external succession options: Sale to yet unknown domestic or foreign entrepreneur (MBI), sale to strategic investors in Germany or abroad (M&A)
Workshop on the occasion of the ISIS) seminar on 14-15 September 2020 entitled "Tax-optimised corporate succession - opportunities and risks of fundamentally different succession options".
