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We provide insight and advice on business-related topics such as accounting practices and tax optimization. Our specialists share their experiences and solutions to financial and business challenges.

Waiver of claims in corporate restructuring

Shareholder loans can be used as a means of corporate restructuring, with profit-effective waivers of claims representing restructuring gains. For tax purposes, they are treated as non-profit-effective if it is hidden equity or if granted during poor business performance.
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Reclaiming withholding tax by persons residing abroad

The withholding tax of 35% on dividends can be fully reimbursed for actors residing in Switzerland, for foreigners the respective double taxation agreement applies. The Dutch foundation "A." received a refund of only 20% of the withholding taxes, as it held under 25% of the shares and lost a discrimination lawsuit.
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Amendments of Assessments and Tax Decisions - Part 5: Reconsideration & Correction

Dissatisfied taxpayers can use reconsideration or correction to challenge decisions or correct errors. Reconsideration is flexible and without deadline, correction fixes clear errors within five years.
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Amendments to Assessments and Tax Decisions – Part 4: Revision

A revision allows the amendment of a legally binding tax decision in the case of new, significant facts or procedural errors. The application often has to be submitted in writing, with justification, and within a deadline.
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Amendments to Assessments and Tax Decisions - Part 3: Nullity of an Assessment / Tax Decision

In cases of serious, identifiable defects, a tax decision can also be declared void after the deadline has passed. This happened in the case of a female doctor, whose excessive income assessment was declared void by the Federal Court.
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Amendments to Assessments and Tax Decisions - Part 2: Restoration of the Legal Remedy Period

In case of an objection to a tax assessment, the appeal must be made within 30 days; missed deadlines may be restored under serious reasons such as illness. Late appeals without valid reasons will not be accepted.
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Amendments to assessments and tax decisions - Part 1: Ordinary legal remedies

Dissatisfied taxpayers can contest tax decisions through objection, appeal, and complaint before they become legally binding. If rejected at the cantonal level, there is still the option to go to the Federal Court, following strict deadlines and conditions.
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Due Diligence in Business Acquisition – Part 3: Business Management Due Diligence

Business Due Diligence is used to evaluate a company by analyzing its products, market, and business model. It is essential for external purchases and should not only be based on provided data.
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Due Diligence in Business Acquisition - Part 2: Financial Due Diligence

In a business acquisition, financial due diligence is essential for examining the financial circumstances. The analysis significantly influences the purchase price negotiations and is required by banks for credit decisions.
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