Note: This language version is an automatically generated translation. The text may therefore contain linguistic and terminological errors.
view in original language (German)Untaxed assets and cross-border corporate structures between Germany and Switzerland entail tax, procedural, and criminal law risks that have become virtually impossible to avoid since the introduction of the AEOI. Using concrete scenarios—ranging from an undeclared Swiss bank account to a family foundation, a cross-border inheritance, and a Swiss AG with de facto management in Germany—the case studies highlight the consequences for taxpayers, banks, asset managers, and corporate bodies from both the German and Swiss perspectives. Benefit from practical, well-reasoned solutions that help you identify risks early on and correctly assess options for action, such as voluntary disclosure.
Klaus M., a resident of Munich, has held an account with a Swiss private bank since 2010 that has never been declared in Germany (CHF 2.5 million; investment income approx. CHF 80,000 per year). The assets are managed by an independent asset manager based in Switzerland, who holds a power of attorney for the account and makes the investment decisions. The AIA reporting requirement has been in effect in Switzerland since January 1, 2017.
What is the situation regarding tax law, tax procedure law, and criminal tax law for Klaus M., the bank, and the asset manager?
Klaus M., a resident of Munich, is the beneficiary of a Swiss family foundation. Since 2010, the foundation has held an account at a Swiss private bank that was never declared in Germany (CHF 2.5 million; investment income approx. CHF 80,000). The AEOI reporting requirement has been in effect in Switzerland since January 1, 2017.
From a Swiss perspective, how should the family foundation be classified for tax and regulatory purposes, and what obligations does the board of trustees have?
Klaus M. passes away. He leaves behind a daughter (T), who resides in Switzerland, and a son (S), who resides in Germany. Both inherit 50% each. The account at the Swiss private bank—which was never declared in Germany (CHF 2.5 million; investment income approx. CHF 80,000 per year)—forms part of the estate.
What are the tax consequences of the inheritance for the heirs from a Swiss perspective?
Alpha AG, headquartered in Zug, provides IT services for the German market. Both managing directors (A, B) reside in Germany and effectively manage the company from Munich/Frankfurt. No corporate income tax or trade tax has been filed in Germany—a tax audit of a German client reveals this situation.
