ARTICLE
13 February 2017

Comprehensive Swiss Corporate Tax Reform Refused By Voters In Switzerland

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Rihm Attorneys

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Rihm Attorneys at law is a Swiss law practice with an international outlook and counseling focus around all aspects of entrepreneurship. For more than 30 years, the firm has advised and represented companies and entrepreneurs in complex transactions and restructurings, including technology transfer as well as in state court, arbitration and insolvency proceedings including mediation proceedings. Based in the centre of Zurich nearby Paradeplatz, Rihm Attorneys at law can draw upon a well-established global network of correspondent law firms in all major business centers. Through one of its partners, Prof. Dr. Karl Pilny, the firm has recently acquired a longstanding Asian practise. Our working languages are German, English, French, Italian, Japanese, Turkish, Serbo-Croatian and Albanian. According to Chambers, Best Lawyers and Who's Who Legal, Rihm Attorneys at law is leading in the fields of M&A, insolvency and employment & compensation benefits laws.
This weekend, voters in Switzerland derailed a comprehensive corporate income tax reform in a popular referendum with close to 60 percent.
Switzerland Tax

This weekend, voters in Switzerland derailed a comprehensive corporate income tax reform in a popular referendum with close to 60 percent. The corporate income tax reform also failed to gain a majority with the cantons (states), as only four cantons voted in favor, and of some of the larger cities in the country (in particular Zürich).

Following almost five years of legislative efforts to bring Switzerland's corporate income taxes in line with international standards by abolishing the no longer acceptable tax privileges for its holding and special tax status companies (the latter tax status basically meant no or only partial taxation of foreign-foreign sales of so-called domicile and administrative companies), the corporate income tax reform would have replaced these income tax privileges with a lower universal income tax rate applicable to all companies, by introducing in favor of the Swiss pharmaceutical industry a so-called patent box regime excluding mainly patent licensing income including a R&D super deduction of 150 percent, and - in favor of the Zürich financial industry - a notional interest deduction on surplus equity (and some further income tax alleviations).

A coalition of the Social Democrat Party, the Greens, trade unions, and church leaders (which all were supported in the last days of the campaign by Former Finance Minister Eveline Widmer-Schlumpf) argued that the proposed corporate income tax reform would have driven down tax revenues by CHF 2.7 billion each year, and that the "Mittelstand" would have to pay for this shortfall in the middle and long run through increased income tax and by cutting on public services.

The negative referendum comes at at time where Switzerland's federal government, all pro-business political parties and the country's business community wanted to present Switzerland to its European neighbours and the rest of the world as a continuingly attractive place for foreign investments. There is a consensus within Switzerland that a new bill must be passed rather quickly which will most probably contain the more or less same package of income tax privileges for the country's pharmaceutical and financial industry and at the same time one or more "sweeteners" for the stakeholders on the left side: a long desired topic on the leftist agenda is thereby a private capital gain tax.

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