Switzerland: Swiss-US double tax treaty protocol enters into force

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: Swiss-US double tax treaty protocol enters into force

Sponsored by

Sponsored_Firms_deloitte.png
ib-switzerland.jpg

Brandi Caruso and Robin King of Deloitte summarise the notable changes introduced under the recently ratified 2009 protocol to the Swiss-US double tax treaty.

On 20 September 2019, the long-overdue 2009 protocol, the core element of which concerns administrative assistance, was ratified and came into force with immediate effect

Key provisions of 2009 protocol

Most notably, the protocol brings in the following changes:

  • It allows the US to make group requests under the Foreign Account Tax Compliance Act (FATCA) concerning non-consenting US accounts and non-consenting non-participating foreign financial institutions (NPFFIs). While it remains to be seen when the IRS will start submitting these group requests, affected Swiss financial institutions should prepare the relevant data now. Once the Swiss Federal Tax Authority receives the group requests and forwards them to the financial institutions, the financial institutions only have 10 days to respond and deliver the data.

  • Further, the protocol generally erases the differentiation between tax evasion and tax fraud in the context of administrative assistance and also applies to other types of information requests, for example, the ones the US may make in connection with data that was provided to the US Department of Justice (DOJ) in the context of the Swiss bank programme.

  • For Pillar 3a solutions, it provides for a withholding tax exemption in relation to dividends from US stocks (while they previously suffered a 15% withholding tax).

  • It implements dispute resolution through mandatory binding arbitration, in cases where the competent authorities cannot conclude in the mutual agreement procedure.

Outlook

The ratification of the protocol finally paves the way for negotiations about future revisions of the treaty, most notably a potential withholding tax exemption for qualified dividends to corporate shareholders, which would make Switzerland an even more attractive location for US multinationals.

Deloitte

T: +41 58 279 6397

E: bcaruso@deloitte.ch

W: www.deloitte.ch

more across site & shared bottom lb ros

More from across our site

Governments are rewriting tax policy for the AI era, deploying digital taxes, tailored incentives and algorithmic enforcement that redefine where value is created
Wingrove will succeed Bill Thomas, who has served in the role since 2017; in other news, Andersen unveiled a sharp increase in revenues for 2025
Partners are divided on Italy vs PDM D’s analytical depth, evidentiary standards, and what the judgment signals for future intra-group financing cases
As GCCs increasingly become strategic hubs, multinationals face heightened risks around permanent establishment and place of effective management
While all options presented ‘drawbacks’, European Commission tax leader Wopke Hoekstra said the controversial US carve-out deal has ‘many benefits’
From tech preparations to competitiveness concerns, Tax Systems’ Russell Gammon addresses the most pressing client considerations arising from the SbS deal
Despite estimates that the US/OECD agreement will cost countries billions, the Fair Tax Foundation’s Paul Monaghan believes the deal is a ‘necessary evil’
The firm’s eye-catching UK launch is a major statement of intent, but it will face stern opposition in its quest to be the top global tax player
The postponement came after industry representatives flagged implementation issues with the registration regime; in other news, firms made key tax partner additions
Despite the increased yield, the time taken to resolve enquiries was at a six-year high, new HMRC statistics have revealed
Gift this article