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

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


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.


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.


T: +41 58 279 6397



more across site & bottom lb ros

More from across our site

Incoming amendments to the treaty could increase costs on non-resident Indian service providers.
Experts say the proposed minimum tax does not align with the OECD’s pillar two regime and risks other countries pulling out.
The Malawian government has targeted US gemstone miner Columbia Gem House, while Amgen has successfully consolidated two separate tax disputes with the Internal Revenue Service.
ITR's latest quarterly PDF is now live, leading on the rise of tax technology.
ITR is delighted to reveal all the shortlisted firms, teams, and practitioners for the 2022 Americas Tax Awards – winners to be announced on September 22
‘Care’ is the operative word as HMRC seeks to clamp down on transfer pricing breaches next year.
Tax directors tell ITR that the CRA’s clampdown on unpaid taxes on insurance premiums is causing uncertainty for businesses as they try to stay compliant.
HMRC has informed tax directors that it will impose automated assessments on online sellers with inaccurate VAT returns, in a bid to fight fraud.
UK businesses need to reset after the Upper Tribunal ruled against BlackRock over interest deductions it claimed on $4 billion in inter-company loans, say sources.
Hong Kong SAR’s incoming regime for foreign income exemptions could remove it from an EU tax watchlist but hand Singapore top spot in APAC.
We use cookies to provide a personalized site experience.
By continuing to use & browse the site you agree to our Privacy Policy.
I agree