Switzerland

The statutory accounts of a Swiss company are the basis for determining taxable income. To be tax deductible, an expense has to be booked in the statutory accounts accordingly.

Generally, all business expenses that are booked in the statutory accounts are tax deductible, assuming they are economically/commercially justified from a tax perspective. If an expense is not a justifiable business expense in the sense of the tax law, it will be added back to taxable income. Examples typically include excessive depreciation, non-justified payments to related parties (e.g. hidden profit distributions), etc.

Depreciation and amortisation

Maximum safe harbour depreciation/amortisation rates allowed for tax purposes are issued by the Swiss Federal Tax Administration. Higher depreciation/amortisation is allowed for tax purposes if the taxpayer can prove that such higher depreciation/amortisation is required (and not only allowed) from a statutory accounting perspective. Some cantons follow the federal guidelines, whereas some cantons apply their own (more liberal) depreciation/amortisation rates.

The following summary of the rates specified by the Swiss Federal Tax Administration provides the general range of tax-accepted depreciation:

Some cantons (e.g. Basel-City, Bern, Grisons, Zurich) take a more liberal approach and even permit, for tax purposes, an immediate write-down of certain assets (including fixed assets) to 20% or nil of the purchase price in the first year, provided that such write-downs do not, in the aggregate, result in a drastic decline in taxable income or even a tax loss. For CIT purposes, such immediate write-downs must be booked in the statutory accounts and generally disclosed in the tax return. As the cantonal tax authorities are responsible for assessing not only cantonal/communal CIT but also federal CIT, the immediate write-down will typically be accepted for federal CIT purposes as well.

Goodwill

Only acquired goodwill (derivative goodwill) may be capitalised in the statutory accounts and be amortised. Amortisation is generally allowed straight-line over five years. Special limitations apply to acquired shares, where the purchase price for these shares partly represents inherent goodwill.

Start-up expenses

The Swiss code of obligations does not contain any specific Swiss statutory accounting provision regarding start-up expenses. For Swiss statutory accounting purposes, start-up expenses shall be expensed as incurred. For Swiss CIT purposes, business-related start-up expenses as booked in the statutory profit and loss statement are likely fully tax deductible.

Interest expense

Interest paid by a corporation to a third party is a deductible business expense. Interest paid to related parties (especially affiliated companies and shareholders) has to reflect the fair market rate and is subject to limitations (see Thin capitalisation in the Group taxation section).

With respect to related parties, the Swiss Federal Tax Administration annually issues safe harbour interest rates to be used on loans denominated in Swiss franc on the one hand and in foreign currencies on the other hand. The corporation may deviate from these safe harbour rates as long as it can prove with hard facts that the rates used are arm’s length and more appropriate in the present case. The cantons usually follow these federal guidelines.

The safe harbour rules for loans denominated in Swiss franc applicable as of 1 January 2023 are as follows:

* In calculating the amount of the maximum interest permissible from a tax perspective, any potentially existing deemed or hidden equity (based on Swiss thin capitalisation rules; see Thin capitalisation in the Group taxation section) has to be considered.

Notional interest deduction (NID)

The Federal Act on the Harmonisation of Direct Taxation at Cantonal and Communal Levels allows cantons to introduce a notional interest deduction (NID) on excess equity, if certain conditions are fulfilled. Currently, the NID is only available for companies that are tax resident in the canton of Zurich. The NID rate on such excess equity is generally based on the 10-year Swiss government bond rate. To the extent it relates to inter-company loans, an arm’s-length rate can be applied.

Bad debt provision

Based on a longstanding practice in Switzerland, it is admissible to set up a statutory accounting provision for specific impaired receivables, which will be accepted for CIT purposes. Unlike most other countries, it is also possible to account for an additional ('lump sum') bad debt provision of 5% on most domestic and 10% on most foreign receivables (i.e. a provision in addition to the provision for specific impaired receivables). The most common exceptions are for inter-company receivables and receivables to the public, enabling the taxpayer to defer the related tax liability until this provision has been released. Some cantons, such as Zurich, accept an even higher reserve (i.e. 10% on domestic and 20% on foreign receivables). This additional bad debt provision may have the character of a 'hidden' (i.e. undisclosed) reserve and is appropriate because the Swiss statutory accounting standards favour prudence over true and fair view accounting principles.

Obsolete inventory provision

Similarly to the bad debt provision, it is possible to account for an additional (i.e. undisclosed) reserve on a company’s inventory. This provision, which must also be booked in the statutory accounts, is on most inventory categories accepted for tax purposes (like the bad debt provision). Specifically, a company may book a provision for specific obsolete inventory as well as a general provision of up to one-third (slightly varies per canton) on the inventory value after deduction of the obsolete inventory.

Charitable contributions

At the federal level, charitable contributions of up to 20% of the net profit (after tax) of a company are tax deductible, provided certain criteria are met. In particular, the charitable contribution must be remitted to (i) Swiss legal entities that are exempt from taxation based on their public welfare or exclusively charitable objective or to (ii) the Swiss Federation, a Swiss canton or municipality, or their agencies (‘Anstalten’). The cantons usually apply the same rules and similar thresholds.

Sponsoring contributions are only tax deductible if commercially justified (without specific thresholds).

Royalties

Royalty payments are generally deductible for tax purposes if the royalty rate is arm’s length.

Costs of employee share plans and stock option plans

The cost of employee share plans and stock option plans are generally deductible, assuming the employees eligible for the plan are employed by the Swiss company. The same holds true for the recharge of costs for plans covering local employees.

Costs for job-related training and continuing education of employees

As far as they are recognised as an expense in the statutory books, costs incurred for job-related training and continuing education of employees are generally tax deductible.

R&D super deduction

The Federal Act on the Harmonisation of Direct Taxation at Cantonal and Communal Levels provides all cantons with the option to introduce an R&D super deduction at the cantonal and communal levels. Upon request by the taxpayer, an additional deduction of up to 50% (depending on cantonal rules) may be granted on qualifying Swiss R&D personnel expenses as well as expenses for third party contract R&D in Switzerland.

Fines and penalties

Under Swiss tax law, fines imposed as a penalty, as well as financial administrative sanctions, insofar as they have a punitive purpose, are not tax deductible. Fines imposed in the context of skimming of profits, insofar as they do not have a punitive purpose, are tax deductible.

Tax expenses

Corporate income and capital taxes paid to the federal government, as well as to the cantons and the municipalities, are tax deductible. Indirect taxes (e.g. real estate transfer tax) are tax deductible as well.

Net operating losses

Tax losses can be carried forward for a maximum of seven years and can be offset against the taxable income of the following seven years. There is no carry back of tax losses in Switzerland. According to an ongoing legislative project, Switzerland may extend the loss offsetting period for companies from seven to ten years.

Payments to foreign affiliates

Management and service fees paid by a Swiss company to a related party are generally tax deductible if the fees are arm’s length.