Switzerland: Federal Council issues draft legislation on Tax Reform Proposal 17
International Tax Review is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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

Switzerland: Federal Council issues draft legislation on Tax Reform Proposal 17

intl-updates-small.jpg
hess.jpg
zulauf.jpg

Jackie

Hess

René

Zulauf

On September 6 2017, the Swiss Federal Council issued the draft legislation for the Swiss Tax Reform Proposal 17 (STR 17, formerly known as Swiss Corporate Tax Reform III). The proposal that largely follows the recommendations of the steering committee represents a well-balanced and internationally competitive solution that would ensure that Switzerland stays an attractive location for multinationals and domestic companies alike, while at the same time providing an internationally aligned tax system that is in conformity with international standards, such as OECD BEPS and others.

The main proposed changes compared to CTR III include:

  • The notional interest deduction (NID) on federal and cantonal level is no longer part of the package;

  • The partial taxation for individual shareholders holding at least 10% would be increased to 70% from 60% on a federal level and mandatorily at least to 70% for all cantons; and

  • The combined tax relief for the patent box, the R&D super deduction and the amortisation from the step-up of hidden reserves due to a status change prior to STR 17 shall be limited to a maximum of 70% on a cantonal and communal level.

The main proposed elements of STR 17 include:

  • The sunset of all special corporate tax regimes, such as the mixed, domiciliary, holding and principal company regimes, as well as the Swiss finance branch regime;

  • The tax-privileged release of 'hidden reserves' for cantonal/communal tax purposes for companies transitioning out of tax-privileged cantonal tax regimes (such as mixed or holding companies) into ordinary taxation, with the intent to mitigate such effects by providing companies with a lower tax rate during a transition period of five years;

  • A reduction of the general cantonal/communal tax rates at the discretion of the individual cantons. Various cantons can be expected to be in the 12%–14% ETR bracket (effective combined federal/cantonal/communal tax rates);

  • The introduction of a mandatory cantonal-level patent box regime applicable to all patented intellectual property (IP) for which the research and development (R&D) spend occurred in Switzerland, based on the OECD modified nexus approach;

  • The introduction of cantonal R&D incentives in the form of deductions of up to 150% of qualifying R&D expenditure at the discretion of the individual cantons; and

  • A step-up of asset basis (including for self-created goodwill) for direct federal and cantonal/communal tax purposes upon the migration of a company or additional activities and functions into Switzerland.

Expected timeline

The proposed legislation will now enter the consultation procedure, which lasts for three months and under which the various stakeholders can weigh in on the legislation, so that the final version can be introduced into and voted on by the Swiss Parliament in its spring session of 2018. It seems currently unlikely that there would be a referendum (public vote) on the legislation, so that STR 17 could enter into force as soon as January 1 2020, but no later than January 1 2021.

Jackie Hess (jahess@deloitte.ch) and René Zulauf (rzulauf@deloitte.ch)

Deloitte

Tel: +41 58 279 6312 and +41 58 279 6359

Website: www.deloitte.ch

more across site & bottom lb ros

More from across our site

The Australian Taxation Office scored a victory over the company last year in a case that will be closely watched by other multinationals
Nigeria looks to boost inefficient tax collection, Singapore plans to hit GST fraudsters hard, Italy and UK confirm reciprocity of VAT refunds, and more
The UK is also lagging behind other countries in use of technology for compliance purposes, Christiaan Van Der Valk argues
As a new agreement between India and Mauritius may unsettle foreign investment, Sanjay Sanghvi and Avin Jain of Khaitan & Co examine the possible impact and offer potential solutions
A vast majority of corporates – especially smaller businesses – rely on a trusted referral when instructing external counsel, according to a survey of nearly 29,000 in-house counsel
It comes as the US remains uncommitted to the pillar two rules; in other news, ‘Bitcoin Jesus’ faces charges over tax evasion and false tax returns
The US is capitalising on a fertile deals market to take centre stage in tax talent recruitment, according to insights from ITR+’s Talent Tracker
The EU’s CBAM is a considerable compliance task for any in-scope companies. As payments loom for many businesses from 2026, tax departments will need to step up and take the lead
The firm also pledged to boost its commitment to AI and reinventing clients’ business models
High-earning businesses place most value on the depth of the external legal teams advising them, according to a survey of nearly 29,000 in-house counsel
Gift this article