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May 20, 2019 Switzerland approves tax reform Executive summaryOn 19 May 2019, in a popular vote, Switzerland approved the Federal Act on Tax Reform and AHV (Old-Age and Survivors Insurance) Financing (TRAF) as adopted by the Federal Parliament last fall. The tax reform’s objectives include: (i) securing the long-term tax attractiveness of Switzerland as a business location; (ii) restoring international acceptance of the Swiss tax system; and (iii) securing an appropriate level of tax revenue. The tax reform brings the replacement of certain preferential tax regimes with a new set of internationally accepted measures. The legislative changes align with the broad reduction of the cantonal corporate tax rates. The table below provides an overview of the corporate tax measures introduced with the reform:
Some of the cantonal measures are optional so that the cantons can tailor their legislation to their specific circumstances and needs. The measures are subject to a restriction limiting the overall tax relief to a maximum of 70%. A number of cantons have already held the vote and the remainder is scheduled for the coming months. Detailed discussionBackgroundThe last proposed tax reform with the same aim – Corporate Tax Reform III – was rejected by the Swiss voters at the beginning of 2017. Since the need for tax reform was undisputed, the Federal Council immediately drew up a new proposal. Based on the rejection of Corporate Tax Reform III, TRAF was combined with additional AHV financing as a form of socio-political compensation. Core tax measuresAbolishment of preferential tax regimesAt the cantonal level, tax privileges for holding companies, domicile companies and mixed companies are terminated. At the federal level, the profit allocation rules for principal companies and Swiss finance branches no longer apply. Patent box with a maximum relief of 90%, mandatory at the cantonal levelA core element of the reform is the introduction of a patent box regime in accordance with the Organisation for Economic Co-operation and Development standard. In the box, net profits from domestic and foreign patents and similar rights are to be taxed separately with a maximum reduction of 90% (rate at cantonal discretion). Before the patent box can be applied for the first time, the corresponding tax deducted research and development (R&D) expenditures must be recaptured and taxed. R&D super deduction of maximum 50%, optional at cantonal levelThe introduction of this super deduction for domestic R&D is Switzerland’s commitment to be recognized as an attractive location for R&D. For administrative reasons, the maximum deduction of 50% (rate at cantonal discretion) is limited to personnel expenses for R&D plus a flat-rate surcharge of 35% for other costs and 80% of expenses for domestic R&D carried out by third parties or group companies. Notional interest deduction (NID), optional at cantonal levelSo-called high-tax cantons have the possibility of introducing a NID on excess capital. According to the currently published intentions of the cantonal governments regarding tax rate developments, only the canton of Zurich meets the requirements. Disclosure of hidden reservesHidden reserves including any self-created goodwill at the point in time of transition from privileged to ordinary taxation or migration to Switzerland are confirmed by the tax authorities. In the case of a migration to Switzerland, the so called step-up system is applied. The tax-free disclosed hidden reserves are to be depreciated annually at the rate applied for tax purposes to the respective assets. In the case of a transition, the so-called two-rate system is applied. Profits relating to the realization of hidden reserves that were generated under a (now abolished) privileged tax regime are subject to a separate tax rate. The cantons are free to determine the amount of this special tax rate. The two-rate system ensures a competitive income tax burden during a five-year transition period. It should be noted that taxpayers may revoke voluntarily their tax privileged status before the reform enters into force (so-called early transition). Depending on the transitional regulations offered by the cantons, this may be a beneficial option. Overall tax relief of 70%, mandatory at the cantonal levelThe patent box, R&D super deduction, and NID as well as possible depreciations from the early transition from privileged to ordinary taxation are subject to the overall tax relief of 70%. Additional measures
Dividend income of individuals from qualifying participations is currently partially exempt from taxation to mitigate double taxation at the shareholder level. At the federal level, the taxation rate increases from 50% (business investments) and 60% (private investments) respectively to a standard rate of 70%. At the cantonal level, there is a harmonization of the relief method and an introduction of a minimum taxation rate of 50% (rate at discretion of cantons).
Privileged taxed companies usually benefit from a low capital tax rate. To compensate for the loss of this tax advantage, the cantons are given the possibility to reduce the taxable capital on patents and similar rights, qualifying participations and intra-group loans to also remain competitive from this angle.
Swiss-listed companies may only pay tax-free capital contribution reserves if they pay taxable dividends in the same amount. Intra-group dividends and capital contribution reserves from assets transferred from abroad after 24 February 2008 and in the case of a liquidation are not affected by this scheme. The above rules shall also apply to the issue of bonus shares and nominal value increases from capital contribution reserves.
To prevent international double taxation, Swiss permanent establishments of foreign companies should be able to claim withholding taxes on income from third countries with a flat-rate tax credit.
It is assumed that the loss of tax receipts due to the tax reform will amount to CHF2b (in a static view). This shortfall will be compensated through the AHV:
The reduction of cantonal profit tax rates is not directly covered by TRAF but is necessary to remain attractive from a tax perspective for former tax privileged companies and thus a key part of the proposed tax reform. The increase of the canton’s share of the federal direct tax from 17% to 21.2% enables the cantons to reduce their tax rates. Based on official announcements made by the cantonal governments, it is expected that the majority of the Swiss cantons will provide attractive tax rates on pre-tax income between 12% and 14% (including federal tax). ImplicationsThe tax reform measures will enter into force as of 1 January 2020. The tax reform achieves its main goal of retaining Switzerland’s international attractiveness while having an internationally accepted tax system. The tight time frame requires prompt planning from taxpayers regarding the transition to the new regulations. The reform represents the greatest change in the Swiss corporate tax system in decades and affects essentially all enterprises in Switzerland. Analysis has to be undertaken within the next few months to properly adjust to the new tax landscape and to avoid a competitive disadvantage. For additional information with respect to this Alert, please contact the following: Ernst & Young AG, Zurich
Ernst & Young AG, Geneva
Ernst & Young AG, Aarau
Ernst & Young AG, Basel
Ernst & Young AG, Bern
Ernst & Young AG, Lausanne
Ernst & Young AG, Lucerne
Ernst & Young AG, Lugano
Ernst & Young AG, St. Gallen
Ernst & Young AG, Zug
Ernst & Young AG, Financial Services, Zurich
Ernst & Young AG, International Tax Services, Zurich
Ernst & Young LLP (United States), Swiss Tax Desk, New York
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