Dr Andrea Opel

Andrea Opel


Corporate Tax

Taxation of US LLCs in Switzerland – Federal Court rules against hybrid treatment
Switzerland | 08 April 2016

The Federal Court recently issued a decision on the fiscal treatment of a US limited liability company (LLC). The court ruled that the LLC should be qualified as a partnership from a Swiss tax perspective. Consequently, the LLC's payments to the Swiss partner were taxed as income derived from independent services in Switzerland. In light of the decision, it is recommended that LLCs with a link to Switzerland be carefully reviewed.

Consultation on bill regarding tax treatment of financial penalties
Switzerland | 04 March 2016

The Federal Council recently initiated a consultation on a bill regarding the tax treatment of fines and financial penalties. According to the bill, fines and other punitive financial penalties imposed against companies should not be tax deductible. However, non-punitive profit disgorgement penalties should remain tax deductible. The consultation on the bill is open until April 11 2016.