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Switzerland

11 November 2021

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Swiss Federal Council Brings Federal Act on the Implementation of International Tax Agreements into Force

The Swiss Federal Council announced on 10 November 2021 that it has brought into force the Federal Act on the Implementation of International Tax Agreements with effect from 1 January 2022. The Act adapts changes made to international tax law in recent years, including with respect to mutual agreement procedures and withholding tax relief practices.

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Federal Council brings new legal framework on implementation of international tax agreements into force

Bern, 10.11.2021 - At its meeting on 10 November 2021, the Federal Council brought the Federal Act on the Implementation of International Tax Agreements (ITAIA) and the associated Ordinance into force with effect from 1 January 2022. In this way, the Federal Council is aligning the existing legal framework with developments in international tax law.

Previously, national legislation on certain issues regarding the implementation and application of double taxation agreements (DTA) was governed by the Federal Act of 22 June 1951 on the Implementation of International Federal Conventions on the Avoidance of Double Taxation and the ordinances based thereon. The ITAIA supplements the existing legal provisions as necessary, and introduces new areas of regulation. The revision of the law now also stipulates how mutual agreement procedures are to be carried out at national level, provided the applicable agreement does not contain any deviating provisions. Moreover, it contains the key points for withholding tax relief based on international agreements, as well as criminal provisions in connection with relief from withholding taxes on investment income.

The entry into force of the ITAIA will require certain existing ordinances to be amended. Moreover, two ordinances and a federal decree will be repealed, as they will be superseded with the entry into force of the ITAIA.

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