20 www.lawyer-monthly.com The planned rate is 15%, but the effective rate of corporation tax in Switzerland is, most of the time, less than 15%. This principle of taxation was the subject of a popular vote on 18 June 2023, and Swiss citizens approved the implementation of this taxation. I believe that this taxation will have an impact on companies of a certain size, and we wonder what will happen to competition in terms of tax rates between the different Swiss cantons. Finally, how do you approach advising clients who have operations in multiple jurisdictions, given the varying tax laws? Happily, because I’m always attracted by complexity, here, the complexity is compounded by the fact that I work in a country where the tax system is not the same from one canton to another, nor are the languages. Fortunately, federal law unifies many points, but for certain taxes, the cantons remain totally free to set their own rates. On 13 December 2022, the Federal Court clarified the issue of taxation of shares in a French real estate company held by Swiss taxpayers. The Federal Court examined Swiss domestic law and found that shares in a real estate company are securities taxable at the shareholder’s place of residence. This case has consequences in terms of the attractiveness of the real estate company, which became a tool for organising assets, but above all, in terms of the taxation of wealth in Switzerland. Are there any recent amendments or changes in tax law that you believe will significantly impact individuals or businesses? Some of my clients are already beginning to wonder about the consequences of global taxation. In this context, the OECD countries have reached a consensus on the possibility of taxing companies at a minimum rate worldwide. Tax Law Firm & Civil Law Lawyer of the Year “I’m always attracted by complexity, here, the complexity is compounded by the fact that I work in a country where the tax system is not the same from one canton to another, nor are the languages.” Carmen Kiavila Equity Partner, Kiavila Avocats Kramgasse 57, 3011 Bern Email: legal-tax@kiavila.ch www.kiavila-avocats.com
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