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Withholding tax in Switzerland is a levy on capital gains, lottery winnings, life annuities, pensions and insurance benefits. Do you want to register for withholding tax, claim it back or have it refunded? Here you will find forms, interest rates, information on the declaration obligation, all circulars and instructions on withholding tax and information on foreign withholding taxes, arranged by country.
Questions & answers about the withholding tax
Claim to refund of withholding tax
Your bank or your representative submitted the application for a withholding tax refund. Please contact your bank or representative.
You can submit your application for a withholding tax refund either online on our website or you can fill out the application using the free software Snapform Viewer. If you use the software Snapform Viewer you must subsequently print out the application and send it to the FTA by post.
The FTA does not send a separate confirmation after the application is received. The FTA processes the applications in the order in which they were received. Processing can take several months, depending on the number and quality of received applications. As the FTA checks around 300,000 applications every year we ask for your patience and thank you for your understanding.
All positions listed in your application must substantiated either with a revenue statement or a list of securities. If the securities are deposited at a foreign bank, you must enclose the tax voucher(s).
In general, the claim for refund of withholding tax expires, subject to the exception stated in Article 32 paragraph 2 of the WTA, if the application is not submitted within three years after the end of the calendar year in which the taxable benefit becomes due.
Domestic legal entities request the refund of withholding tax at the FTA. If a double taxation agreement (DTA) is applicable, foreign private individuals and legal entities can also request the refund of withholding at the FTA.
Domestic private individuals can request the refund of withholding tax at the competent cantonal tax administration.
Rulings
Preferably, advance tax ruling requests should be sent by email to ruling.dvs@estv.admin.ch or by post to the address below. If the query is submitted electronically, it is not necessary to additionally submit the request in paper form.
Federal Tax Administration
DWS Main Division
DWS Rulings
Eigerstrasse 65
3003 Bern
The formal and material requirements for a ruling request are stated in the Communication 011 of 29 April 2019.
You will receive an electronic confirmation as soon as your ruling request is registered.
If further information is required or if there are any uncertainties, the person responsible for processing your request will contact you. Until then, there is no need for you to follow up the status of your request.
The processing time may vary depending on the complexity of the case and the current workload.
Further information
The subdivision External Audit of the DWS Main Division mainly examines whether benefits appreciable in cash were made. The company does not usually receive a report after the audit.
The FTA assesses the value of a company for withholding tax purposes using the indirect goodwill valuation method (intrinsic value plus capitalised earnings divided by 2). The valuation method must be appropriate. Using the indirect goodwill valuation method in order to determine the market value can yield appropriate results for SMEs. Otherwise, when determining the arm's length sales price, preference should be given to forward-looking methods (discounted cash flow); backward-looking methods such as the indirect goodwill are not appropriate or only under certain conditions (cf. Federal Tribunal decision of 18.9.2013 / 2C_310/2013).
According to civil law, the due date of a dividend is determined at the company's annual general assembly. At this time, the corresponding withholding tax claim arises, which is due for payment 30 days later. If the company’s general assembly did not explicitly set a due date for the dividend, the due date is the date of the general assembly.
If the distribution is not made to all participants in the same proportion of their nominal share capital, this must be clearly stated in the form and the identity (name and exact address) of the beneficiaries of the benefits, as well as the amount received by each, must be disclosed.
The FTA will send the company's deregistration authorisation directly to the relevant registry of commerce office as soon as the two main divisions (VAT and DWS) have completed the usual verifications relating to the liquidation of the company.
The following documents are required for the FTA to be able to approve the deregistration of your company as soon as possible:
- Annual financial statements for the last five financial years, including the final liquidation balance sheet
- Declaration of any liquidation surplus using form 102
- Documents relating to the sale of shares, securities, real estate or other major sales or private withdrawals of assets
- Contact details (telephone number and e-mail address) for any further questions.
Federal Tax Administration
Tax Collection Division (DVS-ER)
Eigerstrasse 65
3003 Berne
To assess the appropriate interest rate on advances or loans of investment holders or related third parties, the FTA uses the maximum interest rates published in its circular letter (in German).
For business loans, including larger loan amounts, the higher interest rate can be charged for the first CHF 1 million. The lower maximum interest rate is applied to the remaining amount (>CHF 1 million).
Intragroup loans granted as part of cash pooling or interest paid on such loans are generally accepted by the FTA if the taxpayer can demonstrate that they are not long-term loans. Thus, the use of cash pooling to finance certain transactions is generally not acceptable, particularly for acquiring participations, assets and dividend payments. In practice, certain ratios are used as a benchmark for assessing whether a cash pooling transaction is justified. Based on these ratios, and other characteristics – such as the financing purpose (e.g. dividend payment) – the taxpayer must demonstrate that the transaction is actually justified within the context of a cash pool, according to the arm's length principle. Otherwise, the transaction will be qualified as a long-term loan. In this case, the interest rates specified in the FTA's circular letters are applied.
Interest rates on cash pool balances must stand up to a third-party comparison. As a general rule, synergy effects from cash pooling must benefit all participants – once costs of the cash pooling have been offset. When setting the level of remuneration, the functions and risks assumed by the participants and the cash pool leader must be taken into account.
Depending on the sector, payment for a commercial delivery generally takes place within 30, 60 or 90 days. When the payment period has been significantly exceeded, the FTA treats the amount in question as a loan, which must be remunerated at the rates specified in the annual circular letters of the FTA (in German).
The circular letters published annually by the FTA determine the fiscally admissible interest rates for advances and loans; they constitute "safe haven" rules. When applying these rates, the taxpayer does not have to demonstrate that he complies with the arm's length principle.
Please refer to chapter 6, General information, in the FTA's circular Number 29c (PDF, 1 MB, 10.10.2023) (in German), Capital contribution principle, of 23 December 2022.
As part of its activities, the DWS Main Division of the FTA drafts and publishes circulars, circular letters and guidelines. These documents explain the legal provisions contained in the Federal Withholding Tax Act (WTA) and the implementing ordinances, where necessary. They also serve to ensure consistent practice.
To the Circulars (in German).
Legal advice
Among other things, the DWS Main Division is responsible for collecting and refunding withholding tax (to legal entities domiciled in Switzerland and to eligible claimants abroad). As regards withholding tax refunds to private individuals resident in Switzerland, the FTA oversees the competent cantonal tax administrations. For the application of the law in specific cases involving natural persons residing in Switzerland, please contact your cantonal tax administration.
If you have legal questions, please contact the DWS Main Division using the withholding tax contact form. If you have any questions about the application of the law in a specific case that has been submitted to the FTA or is already being processed, we recommend that you comply with the formalities and deadlines.
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Contact
Phone numbers (German)
Collection Division
Refund Division
External Audit Division
Legal Division
Division Penal Affairs and Investigations
from Monday to Friday
08.30 - 11.30 / 13.30 - 16.30
Federal Tax Administration FTA
Main Division DAS
Eigerstrasse 65
3003 Berne
Last modification 24.05.2024