SWITZERLAND CRYPTO TAX 2

Switzerland Crypto Tax

SWITZERLAND CRYPTO TAX

Switzerland is home to Crypto Valley – the world-renowned area that’s rapidly turning into a global focal point for future-oriented DLT business technologies. Positive government approach, advanced and favorable legislation, along with a just and efficient taxation system – all this attracts crypto companies.

Another important advantage is that Switzerland has concluded double taxation agreements with approximately 100 countries, which allow taxpayers to protect their tax revenues in two different countries. More precisely, they can also avoid the double taxation of wealth, inheritance, and in some cases, enable taxpayers to reduce import taxes.

Taxation in Switzerland is generally handled by the Federal Tax Office of Switzerland, the cantons, and the municipalities. Every canton has its specific tax regime, which implies that tax rates will differ based on which location you choose for your crypto company. Regarding timing, they are all practically the same: the tax year is aligned with the calendar year across Switzerland, and most of the cantons require that tax returns be filed by 31 March.

For tax purposes, the FTA views cryptocurrencies as property but not as fiat currency. This makes them comparable to financial securities such as equities or bonds.

According to the rules adopted by the Swiss Financial Market Supervisory Authority – FINMA, the FTA distinguishes between the following types of cryptocurrencies:

  • Native Tokens: such as Ether and Bitcoin – means of payment in electronic form
  • Asset-backed tokens: issued in the initial offering phase with the aim to raise funds and carry rights – such as voting rights – of its holder in accordance with the contractual agreement of the issuer, and their subcategories:
    • Debt tokens binding the issuer to return all or part of the investment and pay interest on it.
    • Equity tokens do not bind the issuer to a repayment obligation but entitle the owner to the payment in cash, linked to a certain relation against profit and/or liquidation result.
    • Participation tokens do not bind the issuer for the reimbursement of the investment; however, it entitles the owner to a share that is connected to a certain value of a specific reference of the emitter, such as sales.
    • Utility tokens – issued cumulatively against pecuniary rights of the holder arising in the case of the issuer’s corporate success grant the holder a right to use digital services, mostly provided on a particular DLT platform.

Companies active with regard to the abovementioned crypto categories can be confronted with the following taxes at the federal, cantonal, or communal levels, respectively:

  • Corporate Income Tax – 12%-21%
  • CGT – 0.001%-0.5%
  • VAT – 7.7%
  • WHT – 35%
  • Social Security Contributions – 0.5%-5.3%
  • Stamp Duty payable on issuance – 1%

Though the federal tax rates are fixed, the cantonal tax rates are determined on a yearly basis, and such information is publicly available on the official website of each of the cantons.

Some of the most recent crypto taxation guidelines with respect to some of the most common transactions of native tokens, debt tokens, utility tokens, and asset-backed tokens were featured in the 2021 working paper Cryptocurrencies and Initial Coin/Token Offerings – ICOs/ITOs – as Subject to Wealth, Income and Capital Gains Tax, Withholding Tax and Stamp Duty by the FTA.

Switzerland crypto tax

Corporate Income Tax

Based on the Swiss taxation framework, the Corporate Income Tax consists of the following parts:

Federal Corporate Income Tax

Cantonal Corporate Income Tax

Communal Corporate Income Tax

Federal corporate income tax is levied at 8.5% of net profit. The cantonal corporate income tax and the communal corporate income tax are very different in each canton as they all have different tax systems. If you want to understand which Swiss location is most favourable for your crypto business, the team of the Regulated United Europe (RUE) will be happy to provide personalized advice.

The FTA working paper highlights the following aspects of income tax related to the tax treatment of indigenous tokens:

  • Simply storing tokens purchased through crypto exchanges in the form of purely digital means of payment normally does not generate any income or income that is taxable
  • Capital gains from token sales are considered commercial and taxable
  • Loss to be deducted from tax upon submission
  • If a mining service or riveting of native tokens is compensated with native tokens, it is considered a source of income and is therefore taxed
  • Direct income costs required in the context of asset management can be deducted from income
  • Transaction costs directly related to acquisition, transfer or sale of assets are not deductible

Tax Treatment of Equity Tokens:

Funds raised by issuing equity tokens are considered taxable income and must be recorded as income in the issuer’s income statement.

If the issuer has made a contractual commitment to complete a particular project, the activity may be declared as an expense, thus reducing the taxable income.

Payments to token holders based on their entitlement to a certain share of profits and/or liquidation shall be considered tax-free expenses, provided that the holders are specified at the time of payment, that the issuer’s shareholders do not have more than 50% of the issued tokens, and that the payments to the holders of the tokens do not exceed 50% of the profit up to interest and taxes.

These are just a few examples of the Swiss taxation system. If you are looking for exhaustive tax advice on any of the categories of cryptocurrencies, feel free to contact us, and we will send you an individual offer.

Value Added Tax

Transactions, including exchange, of native tokens are not subject to VAT insofar as this category of cryptocurrencies may qualify as means of payment and thus could be treated like fiat money. Any kind of commission or fee related to such type of transaction is a fee for financial services, which is VAT exempt, without credit.

However, the transactions of other categories of cryptocurrencies may be VAT-able, since they have different functionalities and another purpose of use in view, such as providing a certain service.

Issuance Stamp Duty

In most cases, cryptocurrencies, such as native tokens, debt, and equity tokens, are exempt from the Brand Issue Fee, but some categories of cryptocurrencies and particular events may bear tax fees.

For instance, if a party to or an intermediary of a secondary market transaction in debt tokens is a securities dealer domiciled in Switzerland, as defined under the Stamp Duty Act, such transaction may become subject to a transfer tax of up to 0.15%.

Tax Rates in the Crypto Valley

Probably the largest and most mature DLT ecosystem, Crypto Valley, calls the Canton of Zug its home. This region boasts attractive tax rates and has a friendly attitude towards the cryptocurrency-related businesses, an excellent example of which is the effective regulatory framework.

Crypto companies operating in the Crypto Valley need to consider the following aspects:

  • VAT is not due on the transfer of native tokens, such as Bitcoin.
  • Corporate Income Tax is progressive up to 15.1%.
  • Salaries paid in cryptocurrencies are subject to the Income Tax, approx. 23%, which shall be reflected in the salary statement.
  • It is possible to pay any kind of taxes with cryptocurrency.

Crypto Licence in Switzerland In conclusion, although the Swiss jurisdiction is among the most favourable for crypro businesses, navigating its taxation framework might feel like wandering through a maze. If you’re determined to succeed but aren’t sure where to start, highly qualified and experienced consultants of Regulated United Europe (RUE) will be pleased to assist you.

We very well understand and closely monitor crypto-specific Swiss taxation rules and thus can guide you through the peculiarities. Moreover, we’re more than happy to assist you with the company formation, crypto licensing in Switzerlandcrypto regulations in Switzerland and accounting. Book a personalised consultation now.

Crypto Taxes in Switzerland in 2023

In 2023, Switzerland remains one of the most welcoming countries for crypto businesses that can have plenty of flexibility related to standard tax rates, allowances, and exemptions. Cryptocurrencies are still considered private assets (in the same category as bonds and stocks) and not legal tender, except for VAT purposes where they’re treated as alternative means of payment. While cantonal and communal tax rates have changed to some extent, the federal taxes largely remain the same.

Corporate Income Tax

Although at the federal level the Corporate Income Tax is, as usual, imposed at the flat rate of 8.5%, it can easily reach 12-21% when you sum up communal and cantonal taxes. Lower corporate taxes are imposed in the canton of Zug, home to Crypto Valley, which has a tax rate of 11.9%, and cantons of Nidwalden and Lucerne where the rates are 12% and 12.2% respectively.

However, in many cases, it’s still not levied on particular crypto-related activities. For instance, the holding of native tokens acquired through crypto exchanges in the form of digital means of payment doesn’t generate any taxable income. But if mining or staking of native tokens is compensated with native tokens, it’s already considered a source of income that’s subject to tax.

Net Wealth Tax

The Net Wealth Tax remains one of the most common cantonal taxes levied on cryptocurrencies, which are taxed based on their market value. Every canton applies a local rate and has its own system of collecting the tax, which is why it differs between cantons significantly. For example, Zurich continues to collect the tax in accordance with the type of residence permit, marital status, and annual income that determines the tax band. Single taxpayers aren’t subject to paying the tax if their annual income doesn’t exceed 77,000 CHF (approx. 77,800 EUR) but can be required to pay as much as 5,584 CHF (approx. 5,640 EUR) if their annual income is over 3,158,000 CHF (approx. 3,191,000 EUR). The thresholds are slightly higher for married people.

Capital Gains Tax

The rate of the federal Capital Gains Tax is up to 7.8% and applies to self-employed crypto traders and businesses for whom the tax is levied on profits from selling or trading crypto. Private investors don’t have to pay the tax for their personal wealth assets.

An individual is categorised as a private investor if:

  • They’ve held their crypto assets for at least six months
  • Their trading turnover is five times smaller than their holding at the beginning of the financial year
  • Their net capital gain is smaller than 50% of the total income throughout the financial year
  • There’s no debt financing
  • The derivatives are used only for hedging

Value Added Tax (VAT)

Throughout the year 2023, the standard rate of 7.7% will apply. However, since for VAT purposes transactions of native tokens are treated as a means of payment, such activities as crypto exchange are VAT-exempt. Also, all commissions or fees charged for cryptocurrency transactions are classified as fees for financial services, which are also VAT-exempt. On the other hand, transactions of other cryptocurrency categories can be subject to VAT if their purpose of use is considered a sale of a taxable product or a service.

Issuance Stamp Duty

The rate of the Issuance Stamp Tax (or Capital Duty) remains imposed at a rate of 1% of the market value of the capital contribution. An exemption applies to the first 1 mill. CHF (approx. 1,01 mill. EUR) of equity in exchange for ownership rights, whether made in an initial or subsequent contribution.

Securities Transfer Tax

Native tokens, debt, and equity tokens remain tax-exempt, but if, for example, a securities dealer, as defined in the Stamp Duty Act, is a party or acts as an intermediary, secondary market dealings in debt tokens can be subject to the Securities Transfer Tax of up to 0.15%.

Since cantonal as well as communal tax rates vary pretty widely, and are determined and published on the cantonal websites annually, we highly recommend booking a personalised consultation with us to do a deep dive into the taxation system of the canton you’re interested in.

New Global Tax Transparency Framework

Since Switzerland is a member of the ​​Organization for Economic Cooperation and Development (OECD), it’s obligated to transpose the organisation’s recommendations and policies into Swiss legislation. The OECD has recently introduced a new international tax transparency framework, entitled Crypto-Asset Reporting Framework (CARF), which should ultimately raise crypto taxation and tax reporting standards by eliminating crypto-related tax inconsistencies and administrative siloes across its member countries. In response to the rapid adoption of cryptocurrencies, the OECD is essentially proposing automatic tax reporting and taxpayer information sharing between international authorities.

The CARF standards will apply to companies and individuals that provide services related to crypto-to-crypto, crypto-to-fiat-money, and fiat-money-to-crypto exchange transactions for or on behalf of customers, cryptocurrency transfers (including retail payment transactions) and it may soon apply to online and offline crypto wallets. Every liable person will be required to report tax-related information to the relevant national authorities, who’ll then exchange the information on crypto transactions and taxpayers with foreign tax authorities. These rules exclude cryptocurrencies that aren’t used as a means of payment or as an investment, as well as centralised stablecoins.

Also, lawyers from Regulated United Europe provide legal support for crypto projects and help with adaptation to MICA regulations.

Switzerland Crypto Tax 2024

Flag of SwitzerlandSwitzerland further cements its position as one of the most attractive and appealing jurisdictions in the world with respect to digital assets in 2024. It has acquired a reputation for its novelty approaches toward regulating FinTech, including treatment related to cryptocurrencies, and it has an elaborative tax regime concerning digital asset transactions. That said, here is an overview of major aspects of cryptocurrency taxation applied in Switzerland in 2024.

 

 

 

Aspect Details
Strong Regulation and Tax Policy Switzerland is actively developing the legislative framework for regulating cryptocurrencies while creating favorable conditions for the crypto industry. Regulation occurs at the federal level, and the tax policy is developed by the Federal Tax Administration (FTA).
Taxation of Cryptocurrencies Digital currencies are treated as assets (property) and must be declared on tax returns. National tax principles include:
Capital Gains Retail investors typically face no tax on capital gains if cryptocurrencies are held as long-term personal investments.
Professional Cryptocurrency Traders They are subject to business income taxation on capital gains.
Mining and Staking Considered self-employment activities, with income subject to income tax.
VAT Single cryptocurrency transactions qualifying as a provision of financial services are exempt from VAT, making Switzerland attractive for cryptocurrency companies.
Tax Incentives and Benefits Switzerland offers various tax incentives, including preferential tax regimes in some cantons, with Zug being popular as the “Crypto Valley” to attract cryptocurrency startups and investments.

By the year 2024, Switzerland continued to confirm its position as one of the frontrunners in the area of cryptocurrency regulation and taxation. It provides a clear and progressive tax policy regarding cryptocurrencies, promotes the development of innovative technologies, and attracts cryptocurrency companies and investors from all over the world. Switzerland remains the example of how a state can simultaneously provide regulatory clarity and support the development of new financial technologies.

How to Pay Taxes on Crypto in Switzerland in 2024

The Land of the Alps, famous for its welcoming environment in terms of regulating financial technology and cryptocurrencies, also grounds the taxation of such cryptocurrency income on this very principle: to be for innovation but also for fairness in taxation. There are certain rules and duties for the year 2024, which may be considered applicable to taxpayers with this type of income from cryptocurrencies while trying to fulfill their obligations under Swiss tax law.

Basics of Cryptocurrency Taxation in Switzerland: In Switzerland, virtual currencies are considered assets, so all their sale, exchange or use as a form of payment generates returns subject to taxation. Some minor differences may be present considering the different approach of each respective canton in which the taxpayer lives.

Income Declaration

Capital gains: Profits from the sale of cryptocurrencies are normally considered capital gains, and as such, will be taxable if the seller is a professional cryptocurrency trader. In most cases, private investors do not have to pay capital gains tax.

Income from mining or staking is basically considered income from professional activity and is correspondingly taxable at the general tax rate of the taxpayer.

Remuneration in cryptocurrency: This has to be declared in the tax return, its Swiss francs equivalent at the time it is received.

Accounting of Cryptocurrency in Tax Return: The cryptocurrency also has to form part of the assets of the taxpayer that need declaration in the tax return. Their valuation shall be made based on the exchange rate as of the end of the tax period.

Tax Rates and Contributions: In Switzerland, tax rates are based on both the place of residence determined by the canton and the total income of the taxpayer earned. In addition to federal tax, there may be further cantonal and municipal taxes.

Planning and Optimisation

  • Proper Declaration: It is very important to maintain proper records for all cryptocurrency transactions regarding proper declaration of income and assets.
  • Consultations with Experts: Given the complexity of tax legislation, consultation with tax advisors is recommended to optimise tax liabilities.

The taxation of cryptocurrency income in Switzerland requires careful accounting and declaration by taxpayers. Switzerland continues to be one of the most attractive jurisdictions for cryptocurrency businesses due to its balanced and innovative approach to regulating this area.

Table with the main tax rates in Switzerland:

Type of tax Tax rate
Federal income tax Progressive up to 11.5%
Cantonal and municipal tax Varies depending on the canton
Corporate income tax 8.5% (federal level) + cantonal rates
VAT 7.7% (standard rate), 3.7% and 2.5% (preferential rates)
Capital tax Varies depending on the canton

These rates give evidence of the variety that exists in the Swiss tax system, where the rate of taxation largely depends on the place of residence. Whereas federal taxes have been more harmonized across the country, cantonal and municipal taxes afford quite a wide scope for local self-government.

Also, lawyers from Regulated United Europe provide legal services for obtaining a crypto license.

FREQUENTLY ASKED QUESTIONS

It is generally the Federal Tax Office (FTA), the cantons, and municipalities that administer Swiss taxation. You will find different tax rates depending on the location you choose for your crypto company, since each canton has a different tax framework. Timing, however, remains almost unchanged – in Switzerland, tax returns must be submitted before 31 March, and the tax year corresponds to the calendar year. In terms of taxation, cryptocurrencies are treated as assets rather than fiat money, making them similar to financial securities (e.g. equities or bonds).

In accordance with FINMA guidance, the FTA categorizes cryptocurrencies into the following categories:

  • A native cryptocurrency such as Ether or Bitcoin (used for electronic payments)
  • In addition to asset-backed tokens, there are subcategories of asset-backed tokens (used for raising funds and granting rights to holders, such as voting)
    • Tokens that require a repayment of the investment and interest payments from the issuer
    • Holders of equity tokens are entitled to receive a cash payment based on a certain ratio to profit or liquidation result, but the issuer is not obligated to repay their investment
    • Holders of participation tokens are entitled to a proportional share of the issuer’s reference value (e.g. sales), rather than being obligated to repay the investment.
  • In the case of a company’s success, utility tokens do not grant the holder pecuniary benefits, but a right to use digital services.

The following taxes may be applied at the federal, cantonal, or communal levels to companies engaging in activities related to the above-mentioned crypto categories:

  1. The corporate income tax rate is between 12% and 21%
  2. It is taxed at a rate of 0.001%-0.5% on capital gains
  3. Value Added Tax (VAT) – 7.7%
  4. Withholding Tax (WHT) – 35%
  5. Social Security Contributions – 0.5%-5.3%
  6. Issuance Stamp Duty – 1%

The Corporate Income Tax is composed of the following elements, according to Swiss tax laws:

  • Corporations are subject to federal income tax
  • Corporations are subject to a cantonal income tax
  • Corporations are subject to a communal income tax

Net profits of corporations are taxed at 8.5% by the federal government. There are many differences between cantonal and communal corporate income taxes since each canton has a different tax system. You can request personalized advice from the Regulated United Europe (RUE) team if you want to know which Swiss location would be best for your crypto business.

In terms of VAT, native token transactions, including exchanges, are not subject to VAT since native tokens qualify as a means of payment. Generally, commissions or fees associated with such transactions are VAT exempt without credit because they are fees for financial services. Other categories of cryptocurrencies, however, may be subject to VAT due to their different functions and purposes of use (e.g. providing a particular service).

It is based in Zug, where there are attractive tax rates and a regulatory framework that is supportive of the cryptocurrency-related business community, making it one of the most mature and largest DLT ecosystems.
The following aspects should be considered by crypto companies planning to operate in Crypto Valley:

  • Native token transactions (e.g. Bitcoin) are not subject to VAT.
  • There is a proportional corporate income tax (up to 15.1%).
  • A salary statement must reflect the income tax (approx. 23%) applicable to cryptocurrency salaries
  • Cryptocurrencies can be used for tax payments

Taxes based on market value are a common cantonal tax imposed on cryptocurrencies, such as the Net Wealth Tax. There are major differences between cantons due to their local rates and collection systems. Tax bands are determined by factors such as residence permit type, marital status, and annual income, for example, in Zurich. A single taxpayer who earns less than 77,000 CHF (approx. 77,800 EUR) is not subject to paying the tax, but can be required to pay up to 5,584 CHF (approx. 5,640 EUR) if their income exceeds 3,158,000 CHF (approx. 3,191,000 EUR). For married couples, the thresholds are slightly higher.

Capital Gains Tax is imposed on profits from selling or trading crypto by self-employed crypto traders and businesses at a rate of up to 7.8%. Personal wealth assets are exempt from the tax.

The Swiss government is obligated to transpose OECD recommendations and policies into Swiss law, since Switzerland is an OECD member. A new international tax transparency framework, known as Crypto-Asset Reporting Framework (CARF), has recently been introduced by the OECD to reduce inconsistencies and administrative silos associated with crypto-related taxation and tax reporting. To deal with the rapid adoption of cryptocurrencies, the OECD essentially proposes that international tax authorities share information on taxpayers and automatic tax reporting to be implemented.

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