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Special Taxes
Raymond BECH, Tax Partner, Lausanne
Private Client Services
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double sovereignity regarding finance resources and
perception of taxes
Introduction
ß Federal structure with attribution of respective tasks and
competences between Confederation and cantons
ß Vertical harmonization regarding income tax (individual and
corporate bodies) and wealth / capital tax
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- Federal competence by exception on:
ß Custom duties
ß Consumption taxes (VAT)
ß Stamp duties
ß Witholding tax on income derived from investments
- Cantons are free to legiferate on:
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transfer taxes
ß estate and gift taxes
- Besides, within the tax harmonization, some freedom is given to
cantons for capital gain taxes on immovable properties
Introduction
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Focus of the presentation on cantonal competences in :
ß Transfer taxes on real estate
ß Capital gain taxes on real estate
ß Gift and estate taxes
26 separate tax laws with own specificities
Communes generally levy municipal taxes as a percentage
(multiple) of the cantonal tax
Introduction
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Real Estate Transfer Tax (1)
ß The taxation is not linked to a gain (it is triggered by the
transaction)
ß The tax is imposed on
– The transfer of real estate against counterprestation
(bilateral agreement)
ß The tax is levied mostly by the cantons and, in in some cantons,
also by the communes (multiple) – it is not levied at federal level
– In some cantons also so-called “economic transfers” are subject
to taxation (in particular in cases where only the power to
dispose of the real estate but not the legal ownership is
transferred – e.g., purchase of stock of companies with real estate)
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Real Estate Transfer Tax (2)
ß Usually the purchaser is liable for the tax, in some cases the
purchaser and the seller bear each 50% of the tax
ß Perception can