Switzerland

Foreign tax relief

As far as a DTT is applicable, irrecoverable foreign taxes on investment income (interest, dividends) are usually credited against and up to the respective actual Swiss tax on this income. Unused credits cannot be carried forward.

For all other income and assets, Switzerland applies the ‘exemption with progression’ method with regard to treaty countries to avoid double taxation. Therefore, Switzerland will not grant a credit for foreign taxes. The only exception applies with regard to the treaty rate on foreign source interest, royalties, and dividends.

Income and wealth taxes levied in countries with which Switzerland has not concluded a DTT can neither be credited against Swiss taxes nor is the underlying income or assets exempt from Swiss taxation. However, the taxpayer may apply for a pre-tax deduction in the amount of irrecoverable foreign taxes.

Tax treaties

Switzerland has a rather exhaustive network of income tax treaties with currently over 100 jurisdictions.

Most treaties follow, in principle, the OECD model treaty. Double taxation is generally avoided by applying the ‘exemption with progression’ method, i.e. all income is considered in order to determine the applicable tax rate, but on the exempted income no taxes are actually levied. Irrecoverable foreign taxes on investment income (interest, dividends) are usually credited against and up to the respective actual Swiss tax on this income. Unused credits cannot be carried forward.

Income and wealth taxes levied in countries with which Switzerland has not concluded a DTT can neither be credited against Swiss taxes nor is the underlying income or assets exempt from Swiss taxation. However, the taxpayer may apply for a pre-tax deduction in the amount of irrecoverable foreign taxes.

Countries with which Switzerland has notably concluded a treaty:

Notes

1. Treaty with United Kingdom is applicable.

Social security agreements/totalisation agreements

Switzerland has a network of social security agreements with currently over 30 jurisdictions. Switzerland also has a bilateral agreement with the European Union, covering all 27 EU-countries and adapting more or less the rules already applicable within the European Union. A similar agreement exists with the EFTA-countries. Whether a social security agreement is applicable or not is often linked to the nationality of the individual. If applicable, assigned employees can usually remain (for a limited duration) in the home country social security system and are exempted from being subject to the host country system.

Brexit – New Swiss-UK social security agreement

The new Swiss-UK social security treaty is provisionally applicable as of 1 November 2021, until final agreement of both parties. The new agreement intends to ensure the coordination between the social security systems of both states in the long run.

The new social security agreement largely grants insured persons equal treatment and facilitated access to social security benefits. It avoids over insurance and insurance gaps for persons who come into contact with the social security systems of both states. This also includes the temporary deployment of workers in the respective other state. The agreement largely corresponds to the coordination of social security systems in the new Trade and Cooperation Agreement between the European Union and the United Kingdom and is based on the principles of EU coordination law, which Switzerland applies under the Free Movement of Persons Agreement (FMPA).

Estate and gift tax conventions

Switzerland has concluded tax treaties on estate taxes with ten jurisdictions (Austria, Denmark, Finland, Germany, Netherlands, Norway, Sweden, the United Kingdom, and the United States). All these treaties only cover estate/inheritance taxes, while gift taxes are not covered in any of the treaties.

Tax information exchange agreements (TIEAs)

Switzerland has concluded a small number of separate TIEAs with countries with which Switzerland has not concluded an ordinary DTT. For other countries, these questions are treated within the specific DTTs. Based on recent international developments, Switzerland has renegotiated some of the DTTs with regard to these specific provisions.