Switzerland: Use of a Swiss company’s tax losses after a change of tax status

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: Use of a Swiss company’s tax losses after a change of tax status

poltera.jpg

schwarz.jpg

Flurin Poltera


Gabriela Schwarz

Holding companies in Switzerland are, under certain conditions, exempt from cantonal/communal income taxation. Consequently, their income is only subject to taxation on a federal level. If such a company generates losses, for example as a result of valuation allowances on investments and loan receivables, or because of interest expenses, the question arises whether such losses can be used in a tax effective manner if the holding status no longer applies and the company is subject to ordinary taxation. There are various reasons for a change in tax status: the requirements for the tax status may no longer be fulfilled, a tax privileged company might merge with an operating company or a company might voluntarily waive its tax privilege. Based on a federal court decision, there are two options for the cantons how they can treat tax losses generated before the change of the tax status:

  • Some cantons allow for a taxpayer to disclose, before changing its tax status, the hidden reserves generated under the holding regime in a tax neutral manner. In such a case, both losses and re-valuation gains are treated in the same manner, as they are both disregarded for income tax purposes. In cantons which apply this practice, the tax authorities are entitled not to consider tax losses generated before the change of tax status.

  • Cantons which do not foresee such tax neutral step-up should accept the tax losses carried forward which were generated under the privileged tax regime.

The same should also apply with regard to companies benefiting from other tax privileges (for example mixed companies) if they become subject to ordinary taxation.

In any case, the company must claim the beneficial treatment, it will not automatically be granted by the tax authorities. It is therefore important for Swiss taxpayers to take the necessary steps to ensure no tax attributes are lost in the course of a change of the tax status. To get advance comfort in such situations, a ruling request can be filed, upon which the Swiss tax authorities typically confirm the consequences of a change in tax status, including the step up or the availability of tax losses, respectively.

Flurin Poltera (fpoltera@deloitte.ch)

Tel: +41 58 279 7217

Gabriela Schwarz (gschwarz@deloitte.ch)

Tel: +41 58 279 7367

Deloitte

more across site & shared bottom lb ros

More from across our site

Historical claims involving KPMG Australia's tax practice have surfaced as the firm battles a separate parliamentary inquiry into its handling of whistleblowers
While AI is revolutionising tax work, it is also reshaping clients’ willingness to pay for advice and their perception of the value generated by tax advisers
From Dhruva Advisors to Svalner Atlas, Ryan is growing fast. Tom Shave discusses consolidation, competition, and tax’s private equity debate
Awards
ITR is delighted to reveal the shortlisted nominees for the Middle East Tax Awards
The UK has confirmed its approach to the OECD’s side-by-side deal, but US-parented groups may find pillar two compliance remains far from straightforward
Fragmented pillar two taxation and increased use of AI by tax authorities have left clients fearful of heightened disputes exposure
Grant Thornton Advisors’ latest acquisition has produced the fifth-largest US advisory firm by revenue, but there’s still a clear gulf between it and the big four
Crowe joins Grant Thornton, WTS and Ryan in attracting PE investment, suggesting that dealmakers remain bullish on the tax advisory sector
HMRC expects advisers to meet ever-higher compliance criteria. After 24 consecutive qualified audit opinions, many will ask whether HMRC should hold itself to the same standards
The purchase of Marosa represents the second major tax tech consolidation this week, raising questions of a broader industry trend
Gift this article