Switzerland: Swiss CTR III - Latest draft legislation issued by the Federal Council

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Switzerland: Swiss CTR III - Latest draft legislation issued by the Federal Council

zulauf.jpg

weder.jpg

Rene Zulauf


Diego Weder

Overall the draft legislation (released after public consultation) for Switzerland's Corporate Tax Reform III (CTR III) remains very attractive, in particular given the following favourable developments as compared to the original proposal:

  • The proposed introduction of a capital gains tax for individuals was dropped;

  • The draft legislation will newly introduce some sort of R&D incentives, which were not in the original proposal, in addition to the patent box regime;

  • The so-called step up for tax purposes that would essentially lead to a grandfathering of the effective tax rates of existing cantonal tax regimes that sunset as part of the tax reform presumably in 2019 or 2020, for many years should now be structured in such a way as also to provide a financial statement benefit, that is, for US GAAP and IFRS purposes, not just for cash tax purposes; and

  • The planned abolition of the 1% capital issuance tax on equity contributions was confirmed.

The proposed peripheral measures that were dropped, such as the change of the participation regime, were not necessarily favourable to the taxpayer and did not find enough support.

The one negative development is that the notional interest deduction (NID) on equity was dropped. Without this NID regime Switzerland would no longer be attractive for financing activities. Accordingly, a lobbying effort can be expected to bring this regime back into the legislation.

The main replacement measures for the tax regimes that sunset in 2019 or 2020, depending on the time needed for the legislative process, are:

  • Step-up for tax purposes;

  • Patent box; and

  • General tax rate reduction.

Although a public vote on the legislation by the Swiss voters is likely, we are confident that the legislation would pass such a referendum.

Rene Zulauf (rzulauf@deloitte.ch) and Diego Weder (diweder@deloitte.com)

Deloitte

Tel: +41 58 279 6359 and +1 917 573 6783

Website: www.deloitte.ch

more across site & shared bottom lb ros

More from across our site

If the US doesn't participate in pillar two then global consensus on the project can’t be a reality, tax academic René Matteotti also suggests
If it gets pillar two right, India may be the ideal country that finds a balance between its global commitments and its national interests, Sameer Sharma argues
As World Tax unveils its much-anticipated rankings for 2026, we focus on EMEA’s top performers in the first of three regional analyses
Firms are spending serious money to expand their tax advisory practices internationally – this proves that the tax practice is no mere sideshow
The controversial deal would ‘preserve the gains achieved under pillar two’, the OECD said; in other news, HMRC outlined its approach to dealing with ‘harmful’ tax advisers
Former EY and Deloitte tax specialists will staff the new operation, which provides the firm with new offices in Tokyo and Osaka
TP is a growing priority for West and Central African tax authorities, writes Winnie Maliko, but enforcement remains inconsistent, and data limitations persist
The UK tax agency has appointed six independent industry specialists to the panel
The two tax partners have significant experience and expertise in transactional and tax structuring matters
Katie Leah’s arrival marks a significant step in Skadden’s ambition to build a specialised, 10-partner London tax team by 2030, the firm’s European tax head tells ITR
Gift this article