All material subject to strictly enforced copyright laws. © 2022 ITR is part of the Euromoney Institutional Investor PLC group.

Switzerland: Swiss securities transfer tax – No new treatment for Swiss fund managers

Weber
Kuhn

Markus Weber

André Kuhn

Recent statements made by experts from the Swiss Federal Tax Administration (SFTA) towards Swiss fund managers and banks appeared to suggest that there is a new practice in place.

There is no new practice. The issue is that Swiss collective investment schemes are exempt investors for Swiss securities transfer tax (SSTT) purposes, whereas Swiss fund management companies are not. If the fund management company holds brokerage accounts with banks in its own name but for the account of the collective investment scheme, it becomes the counterparty in the transaction for SSTT purposes and the bank/broker has to levy half of the SSTT if the fund management company does not identify itself as a Swiss securities dealer (SSD).

To avoid the issue, affected fund managers must ensure that the relevant accounts are always opened directly in the name of the collective investment scheme and not in the name of the fund management company. Alternatively, the fund management company identifies itself as an SSD towards the bank/broker by providing its blue SSD card and therefore becomes responsible for recording the transaction in its SSTT journal.

In both cases, no SSTT on transactions for the benefit of the collective investment scheme will be levied. However, under the second option, the burden of keeping a journal lies with the fund management company. A fund management company may request the SFTA to keep a simplified journal in order to avoid unnecessary administrative burdens. Outsourcing the journal maintenance back to the bank/broker is allowed, but the entries must show the collective investment scheme as party to the transaction, not the fund management company.

In essence, the correct formal setup is key when dealing with SSTT as there is no room for a substance-over-form approach.

Markus Weber (markweber@deloitte.ch) and André Kuhn (akuhn@deloitte.ch)

Deloitte

Tel: +41 58 279 7527 and +41 58 279 6328

Website: www.deloitte.ch

more across site & bottom lb ros

More from across our site

The companies have criticised proposals for the gig economy, while the UK and EU VAT gaps have fallen in percentage terms, and ITR speaks to a European Commission adviser about its VAT reforms.
Corporations risk creating administrative obstacles if the pillar two rule is implemented too soon, sources say.
Important dates for the Women in Business Law Awards 2023
The Italian government published plans to levy capital gains tax on cryptocurrency transactions, while Brazil and the UK signed a new tax treaty.
Multinational companies fear the scrutiny of aggressive tax audits may be overstepping the mark on transfer pricing methodology.
Standardisation and outsourcing are two possible solutions amid increasing regulations and scrutiny on transfer pricing, say sources.
Inaugural awards announces winners
The UN’s decision to seek a leadership role in global tax policy could be a crucial turning point but won’t be the end of the OECD, say tax experts.
The UN may be set to assume a global role in tax policy that would rival the OECD, while automakers lobby the US to change its tax rules on Chinese materials.
Companies including Valentino and EveryMatrix say the early adoption of EU public CbCR rules could boost transparency of local and foreign MNEs, despite the short notice.