Swiss Individual Shareholder Relief Rules Found Incompatible with the Swiss Federal Constitution

Journal
Jung, M.R.
Switzerland
European Taxation 2010 (Volume 50), No. 4
FormatPDF
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40
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45
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On 25 September 2009, the Federal Tribunal delivered important judgments concerning cantonal shareholder relief rules. It, inter alia, rejected the scheduler approach to federal and cantonal direct taxes; specific cantonal requirements, such as in regard to the domestic seat and minimum fair market value; as well as the cantonal shareholder relief rules for net worth tax purposes, based on the equal treatment principle in Arts. 8 and 127 of the Federal Constitution. This note discusses the judgments and their implications.