Switzerland: Will automatic exchange of information arrive in Switzerland?

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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


Switzerland: Will automatic exchange of information arrive in Switzerland?

weber.jpg

mies.jpg

Markus Weber


Hans Mies

It was only a little over a month ago when the G20 communicated during the St. Petersburg summit that it fully endorses the OECD efforts to establish a new single global standard for the automatic exchange of information. The new standard should allow for multilateral and bilateral exchange of information for tax purposes. Given the objective of the standard to represent a powerful tool against tax evasion, key for its success is that it is implemented and accepted on a global scale. A pro-active role in accepting, adopting and shaping the mechanism could be in the interest of Switzerland. While in the public (and political) debate in Switzerland concerns are expressed on the implementation of a multilateral automatic exchange of information the question arises as to what extent these concerns are justified and whether a new legal reality has not already to a certain extent forced an automatic exchange of information upon Switzerland.

Switzerland always took a rather conservative approach regarding the exchange of information which can be illustrated by the observations it made in the past to Article 26 of the OECD Model Treaty, whereby the scope of the article was limited to the exchange of information that was necessary for carrying out the provisions of the tax treaty. Over the years, developments in international tax (treaty) law have caused Switzerland to adapt its approach.

In 2009, the Swiss Federal Council announced that in its new tax treaty policy it would apply the standards as laid down in Article 26 without any reservations.

With the closing of the intergovernmental agreement between Switzerland and the US on the Foreign Account Tax Compliance Act (FATCA), the US demonstrates the ability to implement an exchange of information methodology by forcing other jurisdictions to participate in their change in domestic legislation. FATCA's success is now observed by many states with a great deal of interest and is already referred to as the possible new standard in respect to exchange of information.

The question must be and will be openly discussed whether it would be advisable for Switzerland to follow the conclusions of the Summer 2013 Expert Group Report which suggests to work closely together with the OECD on a mutual approach for the adoption of a global standard and in this way to be able to present sustainable alternatives to new isolated initiatives by powerful states on information exchange.

Very soon, the Swiss voters might decide which road the country will take as a political committee announced recently that it will start collecting votes for a referendum against FATCA. It shows that automatic exchange of information is still controversial within Switzerland.

Markus Weber (markweber@deloitte.ch)

Tel: +41 58 279 7527

Hans Mies (hmies@deloitte.ch)

Tel: +41 58 279 7470

Deloitte

more across site & shared bottom lb ros

More from across our site

The firm demonstrated its sweet spot of litigation with an international twist with the recent win for the Danish tax authority…but it’s not a tax case
The recently formed firm has taken a break from hiring EY talent to expand its transactional tax and tax technology capabilities
The AI platform, founded last year by two school friends, is partnering with challenger firms like Unity Advisory and A&M Tax to launch its own assault on the AI tax market
Not only has Aurtus received recognition from ITR in the past, but its founder was both a partner at KPMG and co-founder of Dhruva Advisors
Clients care more about considered counsel than rapid media-friendly soundbites, says Matthew Gilleard, associate director at Infinite
It was also a memorable night for Galicia, KPMG, Skadden and Pinheiro Neto, all of which scooped major awards at a gala ceremony in New York
The former Deloitte UK CEO earned a 45% raise in a year when 1,000 staff reportedly lost their jobs – and the pay gap is only getting bigger
In a seminal development for big law, the 95-year-old firm is set to cease operations after a series of high-profile partner departures
UK Chancellor John Healey extended a VAT cut, suspended tariffs, increased a bank surcharge and vowed to increase funding for HMRC
Kristine Riisberg warned that TP decisions can determine top-up tax exposure under pillar two, while global consensus over the rules remains unsettled
Gift this article