The key points of the new rules on mutual assistance have reported schemes of the new DBA Switzerland United States concerning mutual assistance in tax matters in various media on August 21, 2009 about what new points in the target agreements for the avoidance of double taxation (DBA) between the Switzerland and the United States for tax assistance will be relevant. These points are entertained at a Swiss Bank for all investors relevant, which in the United States its seat or residence have and could. This new DBA will also have impact on the agreement of the planned new DBA between Germany and of Switzerland. “” For example the NZZ reported by August 21, 2009, which will contain new DBA Switzerland United States the following important cornerstones: 1 no so-called fishing expeditions “the new DBA includes so-called fishing expeditions” from. This means that assistance may only be done after the DBA compared to the other Contracting State and if the other State must designate the specific name of the suspicious taxpayers in his request for administrative assistance.
This condition is in the new DBA expressly listed. This request for assistance in the blue into it “avoids. 2. tax fraud no longer required as above point 1 as a success for the Switzerland is to the Switzerland vice versa the following concession made: for the assistance a so-called tax fraud is no longer required. Rather simply the suspicion of tax evasion. A tax fraud would represent a higher threshold compared to a tax evasion as a tax fraud requires that the tax evasion is being disguised by one such as.
3. no retroactive effect the bank customers are protected but trust: the DBA provides a mutual assistance in case of justified suspicion of tax evasion only for those cases that are done after the signing of the new DBA. Therefore, no assistance in the case of suspicion of tax evasion cases before the signing may be made. 4. publication of the new DBA currently will not be published the new DBA yet, since it is so far only initialled. The new agreement will be published only if the appropriate ministers have signed it. In the Switzerland, the Federal Council must authorize, the Minister of finance to sign. The DBA may enter into force only when it has been subsequently approved by the National Council and the Council of States. Because the DBA to a contract, is another condition, the DBA will effectively allow also the United States. Review: The new DBA brings the Swiss authorities (and vice-versa the IRS) continues to be a clear border. An automatic exchange of information will not be possible, since the request for administrative assistance a specific case (one particular named taxpayer) must concern. Thus, the so-called Swiss banking secrecy remains largely protected in the future. However, the recent political discussions between the United States and of Switzerland and the civil action of the US tax administration against the Swiss Bank UBS led to uncertainty by foreign investors. The specification of the limits of assistance through the new DBA could provide in this respect a certain reassurance for the bank customers in the Switzerland. Lawyer Dirk Beyer