Switzerland remains high atop the list of preferred tax havens due to its low taxation of foreign corporations and individuals. Although Switzerland is no longer a place to "hide" money due to pressure from the United States and the European Union (EU), it still offers the wealthy some benefits for living and keeping their money there.
Key Takeaways
- The European nation of Switzerland is considered to be an international tax haven due to low tax levels and privacy laws.
- Switzerland also has a history of favorable tax treaties, stable politics, and a wealth of advisors.
- Various independent companies rank tax haven countries, and Switzerland often places among the top each year.
- This image, however, may be overstated since only very wealthy individuals or corporations can afford to buy their way out of normal taxes.
- Furthermore, the country's once-heralded privacy laws have been weakened through pressure by the EU and US.
Low Tax Rates
Contrary to popular opinion, Switzerland does not allow foreign individuals to live and bank in its borders tax-free. However, wealthy individuals can pay a low, lump-sum option on the money they bank inside the country, and the government considers their taxes paid. To simplify matters, the government bases the amount of tax foreigners owe on seven times their monthly rent. The country also taxes households, rather than individuals, and this simplifies, and sometimes lowers, taxation for wealthy couples. For the wealthy, this level of low taxation is viewed as an unparalleled benefit of living in Switzerland.
Foreign corporations have plenty of reasons to set up offices in Switzerland. The national government offers significant tax breaks to companies that hold 10% shares of other corporations. Specifically, the government reduces the amount of taxes a corporation owes on profit based on the number of shares it owns. As such, shell corporations often set up operations in Switzerland to take advantage of low or no taxation.
A tax haven is defined as a specific location taxpayers can go to receive favorable tax treatment, whereas a tax shelter is more narrowly considered a strategy for avoiding or eliminating taxes.
OECD Minimum Tax Rate
The OECD and G20 proposed special taxation rules for large, internationally active corporate groups globally. This group targeted a minimum 15% tax on their profits.
It's important to note that Switzerland aims to implement this by introducing a constitutional amendment, applying only to corporate groups with an annual turnover of at least 750 million Euros. Despite concerns about the potential reduction in Switzerland's tax appeal, approximately 99% of companies in the country will remain unaffected. If the minimum tax rate is not met, a supplementary tax will be imposed, implemented by cantons, similar to the existing direct federal tax.
The financial impact of this minimum taxation remains uncertain. In addition, the legislation is still being decided upon and not yet implemented.
Favorable Tax Treaties
Switzerland has a network of bilateral tax treaties with other countries that often include provisions for reduced or eliminated withholding taxes on dividends, interest, and royalties. Switzerland has a number of agreements in place to ensure that individuals and companies are not subject to double taxation on their income. This is allowed because tax paid in one country can be offset against tax owed in another. For example, Switzerland has an agreement with the Internal Revenue Service and the United States on specific tax treaties.
Switzerland also has free trade agreements with a number of countries. These agreements often include provisions to reduce or eliminate customs duties on goods and services, as well as provisions to facilitate trade and investment.
Strong Privacy
Swiss financial institutions have a deeply rooted history in holding the secrets of the wealthy, dating back to the French kings in the early 18th century. Further, Swiss banks held up under pressure from activist groups and nation-states to reveal the secrets of accounts created by members of the Nazi regime during World War II. However, in response to the global financial crisis of 2008, Swiss banks have caved to pressure from the United States and the European Union to reveal financial secrets of wealthy account holders.
Switzerland is a signatory to the Foreign Account Tax Compliance Act, commonly known as FATCA, which obligates Swiss banks to reveal information about U.S. account holders or face penalties. The country signed a similar agreement with the European Union, effectively ending privacy for EU Swiss bank account holders. In spite of these radical changes, Switzerland has long maintained a top position on the Financial Secrecy Index.
The Tax Justice Network also publishes results for the "Corporate Tax Haven Index". It's latest rankings considering 2021 results placed Switzerland as the fifth most favorable tax haven for businesses.
Stable Politics
Switzerland has a stable political environment and a reputation for political neutrality, which makes it an attractive destination for wealthy individuals and businesses seeking a safe haven for their assets. For those seeking to deploy or hold their capital in a foreign country, there is an additional geographical, geopolitical, or foreign risk. Countries with greater stability will be less likely to enact harsher legislation that may tie up or complicate retrieval of funds.
Active Wealth Management
Lastly, Switzerland has a robust wealth management network. Likely a result of the features mentioned above, it is relatively easy for those interested in deploying foreign tax strategies to find wealth management advisors in Switzerland. Not only are the pieces in place to enact strategies, there are often many advisors willing and capable in the region to help advise through those strategies.
Is Switzerland Still a Tax Haven in 2023?
Though Switzerland has long held the standing of being a tax haven, the country has taken steps in recent years to address international concerns about its role as a tax haven. This includes signing agreements for the automatic exchange of tax information and implementing stricter rules for the establishment and operation of offshore companies. For some, it remains a tax haven opportunity; for others, the country has taken steps that may no longer make it a top haven option.
How Did Switzerland Become a Tax Haven?
A critical piece to Switzerland's history as a tax haven is related to the Banking Law of 1934. Technically named the Federal Act on Banks and Savings Banks, the law did not recognize tax evasion and allowed Switzerland to take in individuals looking to intentionally underreport assets.
Can Any American Open a Bank Account in Switzerland?
Residents of almost anywhere in the world can open a bank account in Switzerland. Switzerland is renowned for being easily accessible to foreign individuals. Be mindful that as of 2023, information about any Swiss bank account you own must be reported to the IRS, and wealth held in this account must be accounted for.
The Bottom Line
Due to favorable tax legislation that allowed for greater security and privacy in banking, Switzerland became a tax haven where individuals could deploy tax avoidance strategies. Because of low rates, strong privacy, favorable tax treaties, stable politics, and easily accessible financial experts, Switzerland has become notorious for being a place to avoid taxes. However, the country has recently taken steps to walk back some of the benefits taxpayers have long enjoyed.
