Welcome to BCCC TAX WATCH
THE EASY ACCESS TOOL TO THE LATEST INFORMATION ON SWISS INTERNATIONAL TAX ASSISTANCE
BCCC TAXWATCH is a tool providing information on international assistance granted by Switzerland in tax matters.
It provides a free overview of the current and latest legislation, case-law and relevant professional literature on this subject matter.
Research may be carried-out on a country-per-country basis or on a topic basis.
Users may receive automatic updates by registering here.
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Background:
March 2009 marked a significant turn in the Swiss approach to international tax assistance. Indeed on 13 March 2009, the Swiss Federal Council decided to negotiate new double taxation treaties compliant to article 26 of the OECD Model.
The main changes introduced under that new approach are threefold:
- BEFORE assistance was usually limited to exchanging information relevant to check the correct application of the applicable double taxation treaty (“small assistance”); IN THE FUTURE information will be exchanged when relevant to check the correct application of each country's domestic tax legislation (“large assistance”).
- BEFORE assistance was limited to the exchange of information; IN THE FUTURE assistance may extend to enforcement measures.
- BEFORE assistance was limited to cases of tax fraud; IN THE FUTURE mutual assistance for cases of tax evasion will also become possible (already possible for indirect taxes under the Anti-Fraud Agreement concluded between Switzerland and the EU).
The purpose of BCCC TAXWATCH is to monitor the new treaties concluded by Switzerland, the new case-law issued by the Swiss authorities and the relevant literature pertaining to that new approach.
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Double taxation agreement with Turkey has entered into force, Federal Department of Finance
Switzerland,
Turkey |
Legislation | 08.05.2012
> summary
The double taxation agreement between Switzerland and Turkey has entered into force with the recent diplomatic exchange of notes. It contains provisions on the exchange of information in accordance with the OECD standard applicable at present.
The provisions of the agreement will apply as from 1 January 2013.
The UK/Swiss withholding tax agreement: HMRC grabs a bigger slice of UK residents’ accounts, Speechly Bircham
Switzerland,
UK |
Media & Opinion | 24.04.2012
> summary
The UK/Swiss tax cooperation agreement (TCA) was ratified in September 2011 and published in
October 2011. Since then, it has taken some time for UK advisers and the Swiss banks to digest
this difficult, opaque tax treaty.
The difficulty of the TCA has now, if anything, been increased, by an amending protocol that was
signed on 20 March 2012 and a mutual agreement signed on 18 April 2012. Both make significant
changes to the TCA, which will affect UK residents with Swiss bank accounts, and the Swiss
banks themselves.
Switzerland prepared to conclude tax information exchange agreements ("TIEAs"), Federal Department of Finance
Switzerland |
Legislation | 23.04.2012
> summary
Swiss Government took the decision to agree to the international standard on administrative assistance not only in double taxation agreements, but also in so-called tax information exchange agreements (TIEAs).
With this decision, Switzerland is complying with a request from the Global Forum on Transparency and Exchange of Information for Tax Purposes, as well as agreeing to mutual administrative assistance in accordance with the international standard with interested countries and territories with which no economic interest exists in concluding an extensive double taxation agreement (DTA). DTAs and TIEAs are in principle equivalent instruments for the agreement of standard-compliant administrative assistance provisions. However, DTAs are more extensive and primarily regulate the avoidance of double taxation.
UK alters Swiss tax agreement again, Step Journal
Switzerland,
UK |
Media & Opinion | 23.04.2012
> summary
UK owners of undeclared Swiss accounts may have to pay an increased one-off penalty to rectify their tax affairs, after the UK Government forced Switzerland to amend the two countries' bilateral withholding tax agreement for the second time in a matter of weeks.
Decision of the Federal Administrative Court - Administrative assistance with the U.S. (Arrêt du TAF - Entraide administrative avec les USA), Centre de droit bancaire et financier
Switzerland,
USA |
Media & Opinion | 23.04.2012
> summary
Le Tribunal administratif fédéral (TAF) a admis, dans un arrêt du 5 avril 2012 n°A-737/2012, le recours d’un client du Crédit Suisse qui s’est opposé à ce que ses données bancaires soient transmises aux autorités fiscales américaines.
