Inheritance tax and gift tax

In the event of death, the Netherlands levies inheritance tax on the acquirer (s) of an inheritance and gift tax from the transferee (s) of a gift. The tax rate that is applied depends on the degree of kinship between the acquirer and the testator or donor. The same applies to any exemptions. Switzerland does not levy inheritance tax and gift tax at federal level. With regard to the cantons, this is different, on the understanding that in that case, on balance, considerably less tax will be charged than is levied in the Netherlands. Furthermore, donations and family inheritance acquisitions generally apply that exemptions are applicable. With a view to saving future taxation of inheritance tax and donation tax, it may be considered that the testator or donor settles in Switzerland.

Purchase property and holiday home in Switzerland

Do you wish to invest in Switzerland or has Switzerland become your favorite holiday destination over the years? In that case, consideration should be given to investing in Swiss property or buying a holiday home there. Keep in mind that every canton and every municipality has its own rules regarding the purchase of real estate. If you live in the Netherlands, special conditions apply to the purchase of a holiday home in Switzerland. These are based on the so-called Lex Koller, which, among other things, sets limits on the surface of the house and the plot. In any case, you need a permit to purchase a holiday home in Switzerland. Furthermore, a holiday home in both the Netherlands and Switzerland is involved in the taxation.

If you wish to live permanently in Switzerland, you have to emigrate and you must have a residence permit

Emigration to Switzerland

Switzerland is found attractive for many reasons. Mention can be made of the clean nature, the quiet climate, no crime and the favorable tax climate. In addition, Switzerland is not a member of the European Union and Eurozone and can determine its own course for a very large part independently of the EU. Emigrations to Switzerland take place for various reasons.

With emigration, it is necessary that you have a permanent residence permit in Switzerland (a so-called Aufenthaltsbewilligung also known as Permis). There are different residence permits, depending on the period that has elapsed after emigration.

Emigration is tailor-made, also for tax purposes. If you have a company in the Netherlands, accrued pension there or leave a home in the Netherlands, it is advisable that you prepare the emigration thoroughly and map out any related tax consequences. Be prepared that you are resident in Switzerland on the basis of the factual circumstances in case of emigration based on tax arguments. If this is not the case, the Dutch tax authorities will be able to conclude that you are deemed to be resident for tax purposes in the Netherlands. In that case, both the Netherlands and Switzerland levy taxes on your income and assets and there is a big problem.

Bank secrecy

Switzerland is known for banking secrecy, which is strongly anchored in various laws and regulations. Assets and assets that have been placed with banks based in Switzerland have been evaded from the (public) supervision of governments as a result of banking secrecy. In recent years, banking secrecy has come under increasing pressure from, among others, the OECD and the European Union. Switzerland is required to provide insight into the assets and bank balances held with banks established in Switzerland. Meanwhile, Switzerland seems to give in to this pressure. Banking secrecy is expected to be abolished in Switzerland in 2018 and from that moment data on assets and bank balances in Switzerland will be exchanged with the tax authorities of other states. Data exchange then takes place automatically, according to a system that is comparable with the interest rate signaling system that we know in the Netherlands.

Establish company in Switzerland

Due to the favorable tax system in Switzerland and the low tax rates applicable in Switzerland and the cantons, it may be advantageous to situate a company or an establishment in Switzerland. The canton of Zug is regularly chosen for the establishment of a company, an Aktiengesellschaft (AG) or a Gesellschaft mit beschränkter Hafftung (GmbH). A company with its registered office in Zug has the possibility to hold an office in Zurich, the financial heart of Switzerland. Zug has low tax rates for corporation tax (Körperschaftssteuer). Setting up a structure from the Netherlands is tailor-made and requires knowledge of both Dutch and Swiss legislation.

Tax and legal issues: Dutch and Swiss law

We can help with questions about Dutch and Swiss law. Where and in what situations is tax levied? What in the case of double taxation and how is the effect of the tax treaty between the Netherlands and Switzerland in that case? What do I have to think about in case I want to buy a home in Switzerland? In that case, do the rules differ per canton? And what to do in case of emigration? KOMMA Dutch and Swiss law affect many questions. Our services are aimed at providing you with sound advice and clarifying the tax and legal consequences in both the Netherlands and Switzerland. 

With emigration, it is necessary that you have a permanent residence permit in Switzerland (a so-called Aufenthaltsbewilligung also known as Permis). There are different residence permits, depending on the period that has elapsed after emigration.

Emigration is tailor-made, also for tax purposes. If you have a company in the Netherlands, accrued pension there or leave a home in the Netherlands, it is advisable that you prepare the emigration thoroughly and map out any related tax consequences. Be prepared that you are resident in Switzerland on the basis of the factual circumstances in case of emigration based on tax arguments. If this is not the case, the Dutch tax authorities will be able to conclude that you are deemed to be resident for tax purposes in the Netherlands. In that case, both the Netherlands and Switzerland levy taxes on your income and assets and there is a big problem.

Expertise

Contact info

mr. dr. G.H. Sjobbema
Heresingel 26
9711 ET Groningen
Phonenumber: +31-6-3 4444 000
E-mail: info@zwitserlandfiscaal.nl

Copyright © zwitserlandfiscaal.nl
Powered by Jorik Beukeveld

Zwitserland Fiscaal