Edition 2/2026

Employee shareholders are often caught off guard by social security authorities when a distributed dividend is subject to social security contributions in whole or in part because it is reclassified as taxable income. This article outlines current practice and its limitations, arguments against reclassification, and possible future developments.

The reporting procedure for capital gains tax on dividends (MiKaDiv) marks a turning point in Germany’s withholding tax landscape. Starting February 1, 2027, paying agents must submit electronic reports to the Federal Central Tax Office—a requirement that has significant implications for Swiss and other foreign custodians. This article analyzes the new obligations, the information requirements throughout the custody chain, and the consequences of incomplete data reporting for the market position of Swiss custodians.

The intra-group deployment of specialized personnel between Switzerland and Germany raises complex tax and social security issues. Drawing on a comprehensive real-world example, this article analyzes six typical scenarios—ranging from a simple service contract to a CEO working from home in the border region. It examines the implications of recent legal changes: the new domestic legal basis for senior executives (Art. 5(1)(a bis) DBG), the revised double taxation treaty between Switzerland and Germany, and the 2025 OECD Model Commentary on the home office as a permanent establishment.

The OECD minimum tax is a game-changer for Switzerland as a business location. Low tax rates and fiscal incentives, which for decades were a key factor in attracting new businesses, now have only a limited effect. However, this does not mean that fiscal incentives are impermissible. Methodologically, they must be redesigned—for example, as refundable tax credits or direct payments. In the future, there should be greater emphasis on promoting activities based on substance and value creation, which may extend beyond research and development.

Tax incentives are an important element of business location promotion and, particularly in Switzerland, constitute a key pillar of the country’s attractiveness as a business location. The OECD/G20 minimum tax (Pillar 2), the aim is to ensure that multinational corporate groups with revenue of at least EUR 750 million are subject to an effective minimum tax rate of 15% in every jurisdiction. This is leading to a fundamental shift in business location policy. Against this backdrop, the question arises as to the future role of “Qualified Tax Incentives” (QTI) in Switzerland.

This article first outlines the structure and scope of application of Art. 61a of the Federal Income Tax Act (DBG) and Art. 24c of the Federal Tax Act (StHG). A key focus is on the interaction with foreign exit taxes. Numerous countries, particularly EU member states acting in accordance with the so-called “Anti-Tax Avoidance” Directive (ATAD), tax unrealized capital gains at the time of departure. Without coordinating measures, there is a risk of economic double taxation if Switzerland taxes the same capital gains a second time. The immigration step-up allows for a corresponding recognition here by reflecting the hidden reserves taxed in the country of departure as increased tax values in Switzerland, which can then be utilized for tax relief through depreciation without requiring a revaluation in the commercial balance sheet.

Taxation based on expenditure (also known as lump-sum taxation) is a special tax regime available to foreign nationals under certain conditions in most cantons and at the federal level. Taxation is based on a flat-rate tax base calculated at the standard tax rates. Taxation based on expenditure is and remains of great interest. This article explains its requirements and how it works, and highlights well-known challenges and new issues.