From January 2011, companies based in Switzerland have been entitled to make distributions free of Swiss withholding taxes as long as those distributions related to capital contributions, capital surplus or subsidies derived from shareholders since January ...
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From January 2011, companies based in Switzerland have been entitled to make distributions free of Swiss withholding taxes as long as those distributions related to capital contributions, capital surplus or subsidies derived from shareholders since January 1 1997. Tax practitioners are divided over the scope for multinationals to reduce their tax burden using this new measure, however. While it is broadly recognised that in principle companies may be able to reduce the tax payable on dividends, there is uncertainty over how the tax authorities are interpreting the provisions.
One tax adviser noted that multinationals may be able to significantly reduce their tax burden and that Switzerland would be even an even more attractive jurisdiction for holding companies as a result. "There is a huge opportunity for companies to reduce the withholding tax charges on dividends. They can pay a lot less tax overall with the new principle in place and Switzerland will be a more favourable environment for multinationals as a result."
However, others are concerned over how the authorities are interpreting the new regulations. One Swiss multinational has already been challenged by the authorities for making use of the capital contributions principle in relation to capital losses previously used by the company to offset taxable gain. It seems that any capital which has been adjusted by an offset of losses will be discarded for the capital contributions principle.
"The authorities are too aware of the potential for abuse here. They have overstepped the mark in trying to plug loopholes so that most companies cannot really use the principle. With the current interpretation it is useful for small businesses in particular or where the founder of a company is still a major shareholder, but otherwise almost impossible to use," comments one partner.
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