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

ITR's parent company, LBG, will acquire The Lawyer, a leading news, intelligence and data-driven insight provider for the legal industry, from Centaur Media
KPMG UK’s Graeme Webster and KPMG Meijburg & Co’s Eduard Sporken outline the 20-year evolution of MAPAs, with DEMPE analyses becoming more prevalent and MAPA requirements growing stricter
Rishi Joshi, of the Institute of Chartered Accountants of India, warns of potential judicial overreach as assets are recharacterised to bypass a legislative exclusion
Only 2% of in-house survey respondents said they were ‘heavy’ users of AI for TP, Aibidia’s report also found
There was a ‘deeply embedded culture within PwC that routinely disregarded formal confidentiality obligations,’ the chairman of Australia’s Tax Practitioners Board said
Jennifer Best was most recently the acting commissioner of the IRS’s large business and international division
Section 899’s exclusion from the One Big Beautiful Bill does not mean it has been nipped in the bud, Aruna Kalyanam also tells ITR
Thanks to operational slickness and sheer force of will, A&M Tax will continue hoovering up talent across the globe
Setu Kamal became the first practising barrister to be added to the UK’s tax avoidance promoter list; in other news, UHY expanded its network in Canada
US President Donald Trump’s tariffs may get thrown out by courts in the future and taxpayers should already be planning for that possibility, BDO’s Dustin Stamper tells ITR
Gift this article