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Bern signs tax disclosure agreement with US

The Swiss government said on Thursday it had signed a controversial deal with the United States requiring all Swiss banks to report the holdings of their US clients to US tax authorities.

Bern signs tax disclosure agreement with US

The agreement, which was initialled in Washington late last year, aims to simplify Switzerland's implementation of the US Foreign Account Tax Compliance Act (FATCA), a source of dispute between the two countries since it was announced in March 2010.

The deal was signed in Bern by State Secretary Michael Ambuehl, in charge of financial and taxation issues, and US ambassador Donald Beyer, but still needs to pass through the Swiss parliament and could be subject to a popular referendum, the government said in a statement.

It stressed though the importance of the deal going into effect when the United States begins phasing in FATCA on January 1, 2014 to avoid penalising Swiss banks on the US market.

And it said it planned to fast-track the agreement through the usually slow parliamentary process.

Swiss Finance Minister Evaline Widmer-Schlumpf told Swiss media on Wednesday that the country had no other choice but to sign the deal, pointing out that not doing so would be detrimental to Swiss financial institutions active on US capital markets.

The government stressed that regardless of whether it signed the deal or not, Swiss institutions would not be able to circumvent the US rules, but that with the agreement in place the implementation would be simplified.

Switzerland is one of seven countries which have so far agreed to comply with FATCA, which aims to ensure that all US citizens can be taxed by the Internal Revenue Service on their income and assets worldwide.

The FATCA law is controversial in many countries because it requires banks to reveal information about their clients.

Until now, tax agreements have only provided for the exchange of information "on demand," meaning a country would already suspect possible tax evasion before requesting the information.

FATCA meanwhile requires foreign financial institutions to report all assets in accounts held by US citizens to the IRS.

In anticipation of these rules and the workload they will entail, critics say Swiss banks have already begun actively eliminating American clients.

In light of this problem and to avoid trampling on Switzerland's cherished banking secrecy rules, a number of exceptions have meanwhile been negotiated under the deal signed in Bern.

Social security funds, private pension funds and property and casualty insurers have been excluded from the Swiss FATCA filing requirements and bank compliance has been simplified, Bern said.

The new deal also ensures that information will not be transferred automatically without the client's consent, although FATCA then requires banks to charge a 30-percent withholding tax on the US client's assets.

If a client refuses consent, information about their holdings can still be exchanged, but then only through group requests under  an existing double taxation agreement between Switzerland and the United States, Bern said.

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SWISS CITIZENSHIP

Do EU residents in Switzerland need to get Swiss citizenship?

If you come from the European Union or Norway, Iceland, or Liechtenstein (EFTA) and live in Switzerland you may be wondering whether applying for Swiss nationality is worth your while.

Do EU residents in Switzerland need to get Swiss citizenship?

While many foreign residents are impatiently waiting for the moment when they will be eligible to apply for a Swiss passport, others are in no rush to do so.
 
The desire (or the lack thereof) to become a citizen of Switzerland — in addition to maintaining their original nationality, if they decide to do so — varies from person to person, depending on many different factors.

The main one is undoubtedly whether the foreigner intends to stay in Switzerland indefinitely, or plans to return home eventually.

Another reason may very well be the desire to participate fully and completely in Switzerland’s  political life and democratic processes — that is, to vote in referendums and elections, and feel that your opinion matters.

But a lot may also depend on another factor: your nationality.

For people from third countries who have lived in Switzerland long enough — 10 years with  a B or L permit — before finally being eligible for their permanent residency C permit, is a huge event. (Americans and Canadians, on the other hand, can apply for a C permit after five years of consecutive residence).

It is therefore logical that many of these people, whose status in Switzerland has been conditional and tenuous for many years, will jump on the opportunity to be naturalised and ‘regularise’ their situation.

What about people from the EU / EFTA?

Admittedly, there is far less urgency — or need, for that matter — to become a Swiss citizen if you have a passport from an EU or EFTA state.

That’s because you have an almost unlimited access to Swiss jobs and residency, as well as sweeping rights overall. For instance, you are free to change jobs and move from one canton to another.

Another benefit that you, as a citizen of an EU / EFTA state have, is that you can come to Switzerland and look for work for up to six months without any visa requirements.

Also, in case of a job loss, an EU / EFTA citizen doesn’t have to leave Switzerland immediately.

Instead, they may stay in the country for at least six months to seek new employment. 

Another perk is that if you are living in Switzerland as an EU/EFTA citizen, you can purchase property – indeed, you have the same rights in this regard as Swiss citizens do.

You do not need a permit or any additional permissions that a Swiss citizen would not require to buy property. 

READ ALSO: Just how freely can EU citizens move to (and within) Switzerland?

All this to say that you can live in Switzerland pretty much indefinitely on your EU / EFTA passport, and neither your residency nor employment is subject to the same restrictions as those imposed on third country nationals.

You basically enjoy the same rights as Swiss citizens, except for the right to vote, which may or may not matter to you.

In that respect, you don’t need a Swiss passport, especially if you don’t plan to remain in the country longterm.

However…

…if you do want to continue living in Switzerland, it may be worth your while to apply for naturalisation, if only out of pragmatism.

That’s because if you leave the country for more than six months on a B permit, you will lose the residency rights (though can re-apply to have them re-established).

With a C permit, you have the benefit of putting it on hold for up to four years. But if you neglect to do so, then the permit (and your permanent residency status) will expire.

READ ALSO: How long can I stay out of Switzerland and keep my residency rights?

So in this respect at least, having a Swiss passport will give you more flexibility and security.
 
 
 
 
 
 
 
 
 
 
 
 

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