The acquisition and sale of treasury shares by companies limited by shares raise several questions regarding taxation in Switzerland in connection with income, capital, withholding and value-added taxes as well as stamp duties. The Swiss Federal Supreme Court answered some of these questions in recent decisions. Some of the relevant tax issues regarding treasury shares are outlined below.

Initiative for a new inheritance and gift tax by the Juso party
The party Juso (young socialists) managed to collect sufficient signatures for a popular initiative to implement a new inheritance and gift tax on the federal level. This means that the Swiss citizens can decide on a popular vote about the implementation of this initiative, probably in 2026 at the earliest. If the initiative will be accepted, estates from deceased persons and gifts exceeding CHF 50 million will be subject to a tax of 50%. At this time, it can be assumed that the initiative will not be accepted. Most of the political parties reject it. However, there is no 100% guarantee for this and affected individuals should consider measures for the avoidance or reduction of such new tax.
Federal Transparency Register
In response to international pressure, a federal register of beneficial owners of companies is to be set up to combat white-collar crime. The following article provides a summary overview of the new provisions with a focus on the obligations of corporate bodies, shareholders and beneficial owners of Swiss companies.
Taxation of individuals in the canton of Zug
Individuals with domicile in Switzerland are subject to taxation on a federal, cantonal and communal level. The tax burden can significantly vary between the cantons and also between municipalities within the same canton. Compared to other cantons, income tax and wealth tax is considerably low in the canton of Zug. The changes in the cantonal tax law which entered into force at the beginning of 2024 and planned changes will further reduce the tax burden in the canton of Zug.
Federal Council tasked with developing a Swiss maintenance foundation
On 27 February 2024, following the Council of States, the National Council also adopted Thierry Burkart's motion (22.4445) titled ‘Strengthen the Swiss family foundation. Lift the ban on maintenance foundations’.
Taxation of Asset Tokens in Switzerland
There is a well-established practice in Switzerland regarding the taxation of cryptographic tokens in general and asset tokens in particular. The Swiss Federal Tax Authorities SFTA and cantonal tax authorities published this practice in several working papers, fact sheets, information sheets and otherwise. The basic principles of the taxation of asset tokens in Switzerland are summarised below.
Relocation of the debtor to a neighbouring country: Cross-border enforcement of claims in the relationship between Switzerland and Germany
Invoices that are not being paid, or failure to comply with payment reminders, is extremely frustrating for creditors in both Switzerland and Germany. For this reason, both the Swiss and German legal systems offer creditors a simple and efficient way of enforcing their claims: in Switzerland through debt enforcement and in Germany through dunning procedures.
Corporate Tax Rates and Tax Rates for Individuals for 2024 in the Cantons Zug, Lucerne, Zurich and Schwyz (Update 2024)
In Switzerland, taxes are levied at federal, cantonal and municipal level. This is, in particular, the case with income and capital taxes for legal entities and income and wealth taxes for individuals. The tax burden between the cantons and also between municipalities within the same canton may vary considerably.
Foreign Nationals Living in Switzerland
Immigration to Switzerland from abroad, especially from our neighbouring countries; Germany, Italy and France, remains high. It is unlikely that this trend will abate in the near future, not least because of the high demand of skilled workers. As a result, the need for advice on matrimonial and inheritance matters having an international dimension - whether due to bi-national marriages, the death of a foreigner living in Switzerland or having assets abroad - is constantly increasing.
Allocation of Reserves and Appropriation of Profits Under the New Stock Corporation Law
As part of the revision of the Stock Corporation Law, the provisions on reserves have been restructured and brought into line with accounting law (Art. 671 - 673 Code of Obligations (CO)) and the order in which they are to be set off against losses has been determined (Art. 674 CO).
Staking Rewards: The Swiss Federal Administrative Court confirms treatment as non-remuneration for VAT purposes
The Federal Administrative Court has published an interesting ruling in the area of VAT in connection with the validation of transactions and new blocks in two decentralised blockchain-based networks (Polkadot and Kusama).
The Effectiveness of Forfeiture Clauses in Dispositions Upon Death
Experience has shown that inheritance is a particularly emotional matter. If one wants to avoid unnecessary disputes and not create additional ambiguities, it is recommended not to use standard, formulaic forfeiture clauses, but to examine in each individual case whether such a clause makes sense and, if necessary, to tailor it to the case.