Switzerland: Use of a Swiss company’s tax losses after a change of tax status

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: Use of a Swiss company’s tax losses after a change of tax status

poltera.jpg

schwarz.jpg

Flurin Poltera


Gabriela Schwarz

Holding companies in Switzerland are, under certain conditions, exempt from cantonal/communal income taxation. Consequently, their income is only subject to taxation on a federal level. If such a company generates losses, for example as a result of valuation allowances on investments and loan receivables, or because of interest expenses, the question arises whether such losses can be used in a tax effective manner if the holding status no longer applies and the company is subject to ordinary taxation. There are various reasons for a change in tax status: the requirements for the tax status may no longer be fulfilled, a tax privileged company might merge with an operating company or a company might voluntarily waive its tax privilege. Based on a federal court decision, there are two options for the cantons how they can treat tax losses generated before the change of the tax status:

  • Some cantons allow for a taxpayer to disclose, before changing its tax status, the hidden reserves generated under the holding regime in a tax neutral manner. In such a case, both losses and re-valuation gains are treated in the same manner, as they are both disregarded for income tax purposes. In cantons which apply this practice, the tax authorities are entitled not to consider tax losses generated before the change of tax status.

  • Cantons which do not foresee such tax neutral step-up should accept the tax losses carried forward which were generated under the privileged tax regime.

The same should also apply with regard to companies benefiting from other tax privileges (for example mixed companies) if they become subject to ordinary taxation.

In any case, the company must claim the beneficial treatment, it will not automatically be granted by the tax authorities. It is therefore important for Swiss taxpayers to take the necessary steps to ensure no tax attributes are lost in the course of a change of the tax status. To get advance comfort in such situations, a ruling request can be filed, upon which the Swiss tax authorities typically confirm the consequences of a change in tax status, including the step up or the availability of tax losses, respectively.

Flurin Poltera (fpoltera@deloitte.ch)

Tel: +41 58 279 7217

Gabriela Schwarz (gschwarz@deloitte.ch)

Tel: +41 58 279 7367

Deloitte

more across site & shared bottom lb ros

More from across our site

Experts from law firm Kennedys outline the key tax disputes trends set to define 2026, ranging from increased enforcement to continued tariff drama and AI usage
They also warned against an ‘unnecessary duplication of efforts’ in UN tax convention negotiations; in other news, White & Case has hired Freshfields’ former French tax head
Awards
Submit your nominations to this year's WIBL EMEA Awards by 16 February 2026
Defending loss situations in TP is not about denying the existence of losses but about showing, through proactive measures, that the losses reflect genuine commercial realities
Further empowerment of HMRC enforcement has been praised, but the pre-Budget OBR leak was described as ‘shambolic’
Michel Braun of WTS Digital reviews ITR’s inaugural AI in tax event, and concludes that AI will enhance, not replace, the tax professional
The report is solid and balanced as it correctly underscores the ambitious institutional redesign that Brazil has undertaken in adopting a dual VAT model, experts tell ITR
The Brazilian law firm partner warns against going independent too early, considers the weight of political pressure, and tells ITR what makes tax cool
The lessons from Ireland are clear: selective, targeted, and credible fiscal incentives can unlock supply and investment
The ITR in-house award winner delves into his dramatic novelisation of tax transformation, and declares that 'tax doesn’t need AI right now'
Gift this article