Insights

Switzerland suspends the application of the most-favoured-nation clause based on a protocol to the tax treaty between Switzerland and India. Dividend distributions from Switzerland to India until December 31, 2024, will still benefit from this clause.

The Swiss Financial Market Supervisory Authority (FINMA) has finalised and published the circular on rules of conduct under the Financial Services Act (FinSA). This will enter into force on 1 January 2025 and aims to create uniform standards for the provision of information and support to clients in the financial services sector. There is a transitional period until 30 June 2025 for the implementation of certain requirements. The circular was discussed intensively during the consultation and criticised by industry representatives. FINMA has taken up various points from the consultation and amended them in the final version but has retained all the essential core content of the draft.

Sanctions and embargoes pose major challenges for financial institutions. National and international regulations require complex review processes, while violations harbour legal, financial and reputational risks.

Geneva Citizens approved the reform of personal income taxation in Geneva.

From 1 January 2025, online platforms will be obliged to register for value added tax (VAT) in Switzerland and Liechtenstein if small consignments worth at least CHF 100,000 are sold to domestic customers via their platform within one year. This registration obligation also applies if the platform does not act as a seller itself, but merely brings buyers and sellers together. The aim of the tax obligation is to ensure that sales to domestic customers are taxed correctly and do not remain untaxed.

Employed persons who are members of a pension fund can pay a maximum of CHF 7’056 into pillar 3a in 2024. The amount paid in can be deducted from income in the personal tax return 2024. Employees who are not affiliated to a pension fund may pay in a maximum of 20 % of their net income, the maximum amount is CHF 35’280. A payment can only be made in the corresponding calendar year, retroactive payments after the end of the calendar year are not possible.

On 1 January 2025, the partially revised value added tax (VAT) law will come into force. The administrative practice associated with the changes to the law and ordinances is still largely undefined, which is why many details regarding practical implementation are still open and require individual clarification. The changes to VAT affect both national and international companies operating in Switzerland and Liechtenstein. The changes are significant as they not only have an impact on tax liability, but may also entail administrative requirements and financial consequences.

Practice and doctrine assume different points in time for the due date of hidden profit distributions. The Swiss federal supreme court recently approved the Swiss federal tax authorities’ complaint in matters of public law against the judgment of the Federal Administrative Court and confirmed that the due date of hidden profit distributions should be the booking date. For simplicity and practical reasons, the end of the financial year is considered as the due date for several hidden profit distributions. Late interest of currently 4.75% becomes due 30 days after due date of hidden dividend distributions. To cover withholding tax liabilities and late interest thorough tax indemnification is crucial in M&A transactions.

The current valuation of real estate in the Canton of Zurich dates back to 2009. Several court rulings in recent years have confirmed that the current tax values are lower than market values and no longer comply with federal law. According to federal regulations, the taxable value of a property must not be less than 70% of its market value, and the imputed rental value must not be less than 60% of the market rent. An expert report commissioned by the cantonal tax office determined that, since 2009, market values of single-family homes and condominiums in the Canton of Zurich have increased by an average of over 50%, while rents for rental apartments have risen by around 15%. This prompted a revaluation of all properties, which will take effect on January 1, 2026.

The revised Swiss Data Protection Act (DPA) has been in force since September 1, 2023. Many financial service providers have implemented the new regulations in the meantime. In some cases, there are uncertainties regarding the disclosure of personal data abroad. Many companies are dependent on foreign (particularly American) software solutions.

Transfer prices must comply with the arm’s length principle, according to which transactions between affiliated companies should follow the same conditions that would be agreed between third parties. The Swiss legislator has not enacted any specific laws on transfer pricing. However, the arm’s length principle is implemented on the basis of various provisions in tax laws.

The FINMA requirement for explainability of AI-supported business models in the financial industry presents auditors with new challenges.

Stablecoin issuance projects have become increasingly important since 2019. In the new FINMA Guidance 06/2024, the supervisory authority provides information on the financial market law aspects of stablecoin projects and their impact on supervised institutions. In particular, FINMA defines certain minimum requirements for default guarantees from banks, which are often used by stablecoin issuers so that they are not subject to authorisation under banking law. FINMA also draws attention to the increased risks of money laundering and terrorist financing as well as the circumvention of sanctions and specifies the due diligence obligations of stablecoin issuers under anti-money laundering law.

The Federal Supreme Court has clarified in two recent rulings that financial transfers within the same municipality are not to be classified as subsidies. Based on these rulings, municipalities should review how such financial transfers are treated for VAT purposes and assess the potential impact of this new VAT classification on their autonomous departments.

Preventing greenwashing is becoming one of the key tasks for ensuring credibility and trust in the financial market.

On 4 September 2024, the Federal Council decided to introduce the GloBE Income Inclusion Rule as of 1 January 2025 that supplements the OECD/G20 minimum taxation as in force since 2024.