Swiss Parliament ends intra-group dividend distributions

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

Swiss Parliament ends intra-group dividend distributions

intl-updates-small.jpg

Taxpayers will no longer face a 5% late payment interest on withholding tax payments that miss the 30-day filing deadline under new rules agreed upon by lawmakers.

stocker.jpg
kistler.jpg

Raoul Stocker

Jacques Kistler

By way of background, a Swiss corporation can fulfil its withholding tax liability by using a notification procedure to the Swiss Federal Tax Administration instead of remitting withholding tax. For intra-group dividends, the dividend notification procedure can be applied if the recipient of the dividend is a corporation and holds a qualifying participation in the Swiss corporation paying the dividends.

In 2011, the Swiss Supreme Court ruled that missing the 30-day filing deadline resulted in a forfeiture of the right to apply the notification procedure for qualifying intra-group dividends. Based on this decision the Swiss Federal Tax Administration levied a 5% late payment interest on the withholding tax liability if it was paid 30 days after the dividend due date) in cases where the deadline for the notification procedure was missed.

On September 30 2016, the Swiss Parliament agreed to amend the Swiss withholding tax law as follows:

  • If the respective requirements are met, the notification procedure for withholding tax on intra-group dividend distributions will apply, even if the 30-day filing deadline is missed;

  • The amended law applies retroactively, unless the statute of limitations on the tax liability/late payment interest has expired, or the tax liability/late payment interest were already finally assessed prior to January 1 2011;

  • Taxpayers who had to pay late payment interest for missing the 30-day deadline for the notification procedure can retroactively claim back the late payment interest if the respective requirements are met;

  • After the enactment of the new law, the taxpayer will have to make an official request to claim back the late payment interest within one year; and

  • Missing the 30-day filing deadline will in the future only lead to an administrative fine of up to CHF 5,000 ($5,000).

The law change will be subject to a possible referendum, which may be considered relatively unlikely, so that the new law could enter into force in early 2017.

The amended withholding tax law represents the best possible outcome for taxpayers because the law applies retroactively and allows late payment interest paid by taxpayers to be reclaimed.

While missing the 30-day deadline will no longer lead to a forfeiture of the notification procedure and there will no longer be 5% late payment interest, it is still important for taxpayers to meet the 30-day filing deadline for the notification procedure, so they comply with the law and to avoid possible fines.

Raoul Stocker (rstocker@deloitte.ch) and Jacques Kistler (jkistler@deloitte.ch)

Deloitte Switzerland

Tel: +41 58 279 6271 and +41 58 279 8164

Website: www.deloitte.ch

more across site & shared bottom lb ros

More from across our site

The new practice, which features former ‘big four’ experience, already has over 20 team members
Speakers from companies including Uber and Stripe told the inaugural AI in Tax Forum to brace for impending changes to how advisers work
Authors from Khaitan & Co dissect a ‘welcome’ ruling, which found that the mere existence of a tax benefit would not, by itself, warrant a principal purpose test
Over two-thirds of survey respondents back the continuation of the UK’s digital services tax, research commissioned by the Fair Tax Foundation also found
Given the US/G7 pillar two deal, the OECD is in danger of being replaced by the UN as the leading global tax reform forum
Cinven’s latest investment follows its acquisition of a stake in Grant Thornton UK in December; in other news, a barrister listed by HMRC as a tax avoidance promoter has alleged harassment
CIT base narrowing measures remain more prevalent than increased CIT rates, the report also highlighted
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
Gift this article