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LOWTAX OFFSHORE

SWITZERLAND: COUNTRY AND FOREIGN INVESTMENT REGIME


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BACK TO SWITZERLAND INFORMATION: BUSINESS, TAXATION AND OFFSHORE

On this Page:

- SWITZERLAND GEOGRAPHY
- SWITZERLAND POPULATION, LANGUAGE AND CULTURE
- SWITZERLAND GOVERNMENT
- SWITZERLAND ECONOMY AND CURRENCY
- SWITZERLAND ENTRY AND RESIDENCE
- THE SWX SWISS EXCHANGE
- SWITZERLAND INVESTMENTS BY FOREIGNERS
 


Switzerland Geography

Switzerland is a landlocked, independent country strategically located at the heart of continental Western Europe and measuring 15,941 square miles. It is bordered on the west by France, on the north by Germany, on the east by Austria and the principality of Liechtenstein, and on the south by Italy.

The country lies at the center of Europe's transalpine routes with two-thirds of its frontiers following the natural contours of mountain ridges, crests, lakes and rivers and with one quarter of its area consisting of scenic high alps, lakes and barren rock.

The Swiss Alps are both the dividing line for and transform four distinct Central European climates into a single transitional climate. Because of the geographic diversity of the country rainfall varies dramatically from region to region with an annual average of 40 inches. The diversity of vegetation is testimony to the national variation in rainfall and climates.

Communications and telecommunications are what can be expected from a modern industrialized nation with one of the highest standards of living in the world. Switzerland has a dense road and rail network with multiple connections to all 5 bordering countries and with several national airports providing direct and connecting flights to all major international destinations. The two most important are Zurich and Geneva (Cointrin).

The time-zone is as for the EU: GMT plus one hour in winter. In summer they don't work anyway.

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Switzerland Population, Language and Culture

Switzerland's unique geographic location means that the country has been subjected to an unusual diversity of cultural and linguistic influences. The 3 official languages German, French & Italian are the mother tongues of 64%, 20% and 7% of the population respectively. The English language is widely used and spoken in business and professional circles.

Switzerland has been described as a nation which has no unity of ethnic heritage, language or religion but which is nonetheless united and prosperous. Although the culture could be described as a blend of German, French and Italian influences the distinct ethnic strands represent a considerable obstacle to the emergence of any homogeneous cultural identity.

The population stands at approximately 7.55m people (2007 estimate).

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Switzerland Government

Switzerland is a federal state with 23 sovereign cantons and 3 semi-cantons (making 26 cantons in all). In addition there are over 3,000 political communes (autonomous self-governing bodies endowed with legal personality). This complex combination of multiple sovereign bodies is reflected in the Swiss legal and taxation system and has resulted in political and administrative responsibilities being split between federal, cantonal and municipal levels of government.

The rights and duties of citizens and governing bodies are set out in the 123 articles of the Federal Constitution of 1848-1874. The principal federal organs of government are the Federal Assembly, the Federal Council and the Federal Supreme Court. The responsibilities of the Federal Government include the supervision of external & internal security, foreign & military affairs, transportation, forestry, water conservation, telecommunications, the monetary system, social security and the uniform administration of justice in areas of civil and criminal law.

Legislative power rests with the bicameral Federal Assembly comprising both a National Council consisting of 200 deputies elected every 4 years by a system of proportional representation and the Council of States in which each canton is represented by 2 deputies. Executive power vests in the Federal Council, a 7-member board consisting of elected deputies each of whom presides over a federal department.

Although each canton elects and maintains its own magistracy for ordinary civil and criminal trials, ultimate judicial power is vested in the Federal Supreme Court based in Lausanne. The Swiss Civil Code of 1912 has served as a model for the administration of justice in many countries and has often been copied verbatim. The difficult task of creating a uniform judicial system with so much diversity in the national structure has produced a large number of jurists of international repute.

Switzerland is not a member of NATO or the European Union. It has a long historical tradition of neutrality. However, it is a member of the OECD, the WTO, and the European Free Trade Area (EFTA), and has acceded to large parts of the 'acquis communautaire', the body of EU law, particularly in areas connected with trade and the economy.

Swiss separateness is gradually yielding to globalisation. In 2002 the Swiss voted in favour of joining the United Nations in a referendum, and the country's gradual progression towards EU membership seems ineluctable despite taxation problems. A first set of 'bilateral agreements' with the EU came into force on 1st June 2002, and a second set, signed in June, 2004, came into force in 2005.

In October, 2005, then Foreign Minister Micheline Calmy-Rey stated that Switzerland was determined to maintain a policy of "active cooperation" in Europe and rejected a purely defensive approach to the EU as counter to Swiss interests. Meanwhile, former Economy Minister Joseph Deiss told reporters after the meeting that the federal council "wants to keep all its options open," on the issue of Europe.

In considering its options in its relationship with the EU, the Switzerland is expected to mull at least five choices, including: maintaining the status quo; pursuing a "consolidated bilateral route" which would strengthen institutional cooperation; advancing a multilateral form of cooperation; an EU 'lite' membership which would permanently exempt Switzerland from certain EU decisions; and full membership.

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Switzerland Economy and Currency

Switzerland's economy consists predominantly of low-bulk, high-value, service-orientated, export-driven activities utilizing a highly skilled, highly paid workforce. Among the factors which have moulded the development of the Swiss economy are the advantage of being strategically located on international trade routes, a shortage of raw materials and natural resources (other than hydro-electric power), economic pressure on land leading to high rentals, and the inability of the domestic market to absorb the total output of a skilled and efficient workforce. Thus, Switzerland's major industries include tourism, the provision of banking, insurance and financial services, watch-making, precision instrument manufacturing and chemical manufacturing. Some companies export virtually all their production

As the world's predominant private banking center Switzerland is estimated to be the home of 35% of the world's private wealth. Banking secrecy and Switzerland have long been considered synonymous terms, although the country has passed many laws directed against money laundering, and participates fully in international efforts against it (see Other International Agreements). GDP was $34,000 per head in 2006 (estimated), at purchasing power parity. The OECD released GDP and household consumption comparisons based on purchasing power parities showing that Switzerland’s GDP per head slipped from 30% to 20% above the OECD average between 2002 and 2005. The economy slowed in 2000-2003 in response to international conditions but returned to growth of 1.8% in 2004, 1.9% in 2005 and an estimated 2.7% in 2006. The World Economic Forum's Global Competitiveness Report 2007-2008 ranked the United States in first place in its competitive index, with Switzerland positioned in second place.

Switzerland remains the country with the highest quality of living according to a survey designed to help governments and multinational companies place employees on international assignments.

There are no exchange controls in Switzerland. The Swiss Franc (SFr) is fully backed and is one of the world's strongest currencies. It has appreciated 300% against the US dollar since 1974, a factor which encourages international investors to locate their assets in this country.

An umbrella group representing the Swiss investment and banking industry has published a document dubbed 'Vision 2015' in September 2007, which outlines a joint strategy to put Switzerland among the top three centres of international finance.

The growth targeted by the document would create between 40,000 and 80,000 new jobs, and generate CHF11-17 billion in additional new tax revenues, depending on economic trends and how successfully the strategy is put into practice.

The strategy was announced on September 13 by the Swiss Bankers Association (SBA), the Swiss Insurance Association (SIA), the Swiss Funds Association (SFA) and the companies responsible for Switzerland’s financial infrastructure, including SWX Group, SIS Group and Telekurs Group.

Specific measures with regard to taxation, regulation and institutions have been drawn up for individual industries, and will be put forward for debate in the political arena.

The groups noted that the finance industry is the most important sector of the Swiss economy, accounting for almost 15% of gross domestic product (GDP) and 16% of total tax revenues.

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Switzerland Entry and Residence

Entry into Switzerland, residence in Switzerland, Swiss naturalization and the right to work or purchase property in the country are all inextricably interlinked and so are all dealt with together. NB The situation as outlined below has been substantially changed for EU citizens by the Bilateral II agreements signed with the EU in 2004, which weaken the borders between Switzerland and the EU, which surrounds it, and considerably increase the rights of EU citizens in Switzerland.

In September, 2005, a 56% majority of Swiss voters approved proposals to open the country's borders to workers from new EU member states. The vote in favour of the extension of the bilateral agreement on freedom of movement to the ten new members was welcomed by both the Swiss authorities and the European Commission, as there had been some uncertainty as to the public mood on the matter.

The free movement of persons between Switzerland and the ten new EU member states will be introduced by separate transitional provisions regulated in an Additional Protocol to the existing Agreement on the Free Movement of Persons. Regulations applicable to third-country nationals will continue to apply until the Additional Protocol comes into force.

Third-country nationals are subject to the Federal Act on the Residence and Settlement of Foreign Nationals (ANAG/LEtr) and its implementing ordinances. Admission for non-EU nationals is restricted and residence permits are granted at the sole discretion of the authorities. Authorisation to reside in Switzerland can be granted if the regulations regarding foreign nationals and the labour market are complied with but normally there is not any automatic right. Residence can be authorised if it is for specific purposes (education/training, family reunification, retirement in Switzerland) provided certain conditions are complied with. The FOM can give further information on this.

Third-country nationals with a permanent residence permit are entitled to have their children and spouse join them. Persons with an annual residence permit have no entitlement. The cantonal immigration authorities can, however, authorise family reunification if third-country nationals with an annual residence permit can provide evidence of suitable accommodation, adequate income and stability (i.e. evidence that the person's stay in Switzerland has not led to any complaints). People who enter Switzerland to join other members of their family may only take up employment if the employer has applied for and obtained authorisation from the cantonal office (immigration or labour market authorities). Information on family reunification is obtainable from the FOM and information on the authorisation procedure from the cantonal immigration authorities.

Eventually, EU-citizens will have complete freedom of movement within Switzerland, and Swiss citizens within EU countries. However, there was a fixed quota for work permits until 31 May 2007 with a maximum of 15,000 new long-term residence permits a year and 115,500 new short-term residence permits a year.

On 31 May 2007, quotas for EU citizens wishing to work in Switzerland were suspended. As of June 2009 Switzerland will make a decision on whether or not to extend the agreement. If the response is positive, freedom of movement will be fully introduced between Switzerland and the EU as of June 2014.

Entry for a short period of time: For nationals of most countries visa-free entry is permitted for a period of up to 90 days after which time the visitor must leave the country.

Obtaining Residence in Switzerland: The available types of permit are the '120-day' permit, the class A, B or C permits, the fiscal deal permit and the political refugee permit. The class A permit (for 'blue-collar' workers) and the political refugee permit are not described further here. Permits other than the '120-day' variety are subject to a quota system. However, agreements with the EU are gradually putting EU freedom-of-movement rules into place which will eventually allow EU citizens to by-pass the quota permit system altogether.

The '120-Day' Permit: This permit allows a managerial or specialist worker to work in a specified position for up to 120 days in a particular year; rotation among a number of individuals is not allowed.

The Class B permit: The class B permit is the most commonly issued permit and gives the right to live and work in Switzerland. It is the permit of choice for professional and managerial people, self employed individuals who wish to start their own company in Switzerland, and people who wish to reside in Switzerland and are wealthy enough to live off their own resources (but see the Fiscal Deal Permit below). The Class B permit has the following characteristics:

  • It is usually granted for a period of up to one year at a time;
  • If the permit is for work purposes then the applicant must have a job to go to in Switzerland;
  • The granting of his permit must not have the effect of depriving a Swiss national of employment. Since many trades in Switzerland are protected by guilds which prohibit the recruitment of foreign workers an application for a class B permit is not always successful;
  • The class B permit allows the applicant to bring his wife and children into the country but not his extended family;
  • The application is not prejudiced by inability to speak the official languages of Switzerland;
  • It takes about 3 months to obtain a Class B permit.

In May 2001, the Swiss government said it would not award extra work permits for information technology specialists, rejecting calls for 10,000 special work permits to be set aside for computer experts, which some members of parliament claimed would encourage the creation of new companies in Switzerland. Under the proposal, the permits would have been handled by the federal government, rather than the cantons, which are normally responsible for issuing work permits. The government says statistical evidence shows that Switzerland does not have a shortage of computer specialists.

The Class C permit: The class C permit is a longer-term residency permit which gives the applicant almost the same rights as Swiss citizens and allows the applicant to buy real estate in Switzerland. To obtain a class C permit one must have had a class B permit for between 5 and 10 years depending on country of origin. The class C permit is the last step before applying for Swiss citizenship. It is subject to the same conditions as the class B permit.

The 'Fiscal Deal' Permit: This is a variant of the class B permit and is primarily for wealthy individuals who wish to live in Switzerland off income earned outside Switzerland (e.g. international tennis players and formula 1 drivers) but who have no need or desire to work in the country. To obtain a fiscal deal permit the applicant needs a certified net wealth of at least 2m Swiss Francs and must be willing to spend at least 180 days a year in the country. The fiscal deal permit allows the applicant to pay considerably less tax than a Swiss national of his income bracket would normally pay since the assessment to tax is not based on the applicant's real income but rather on a much lower notional amount.

For further information see lump sum assessment method in our personal income tax section. The amount of tax payable by the holder of such a permit is a matter of personal negotiation with the canton in which the applicant resides. Switzerland is already a low tax country by OECD standards and the 'fiscal deal' results in extremely low levels of taxation. It takes about 3 months to obtain a fiscal deal permit.

Obtaining Swiss nationality: It goes without saying that Swiss nationals do not need permits to reside, work or purchase property in Switzerland. Obtaining Swiss nationality or citizenship is a long-drawn-out process involving procedures at federal, canton and communal levels. In order to obtain Swiss citizenship an applicant who is not the offspring of a Swiss national must satisfy the following criteria:

  • There is an examination in Swiss history and culture;
  • The applicant must have lived in the country for several years with a class B (or 'fiscal deal') permit;
  • The applicant must then obtain a class C permit and continue to live in Switzerland for several more years.

Purchasing Real Estate in Switzerland: Since 1960 there have been restrictions on the purchase of real estate by non-Swiss nationals which although substantially relaxed in recent years are still draconian by OECD standards.

3 situations apply:

  • Foreigners who have acquired a class C permit can buy vacation properties in designated areas.
  • Foreigners who are not deemed resident in Switzerland under Swiss law can only purchase tax-exempt apartment blocks tied to below-market rentals for a period of 20 years. Such purchases require official permission. After 20 years they may raise the rents on the blocks purchased.
  • The acquisition of premises for business purposes is unrestricted and although permission is required it is normally granted.

The purchase of real estate is conducted by a notary public who will not allow the transaction to proceed unless it is permitted by the law. The purchaser's details will be entered in the property owners' registry after the Government issues a notice of confirmation that the transaction is legal.

In June, 2005, 54.6% of Swiss voters agreed to join the Schengen and Dublin accords on passport-free European travel and the harmonisation of asylum procedures.

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The SWX Swiss Exchange

The Swiss stock exchange (SWX) was formed in 1995 by a merger between the country's three existing exchanges in Geneva, Basle and Zurich.

SWX is now the world's sixth largest securities exchange, and the third largest in Europe.

The Exchange is governed by the Swiss Stock Exchange and Securities Trading Act of 1995, which includes listing requirements and continuing obligations for listed companies.

SWX has a highly-integrated electronic trading platform. It has also been innovative in product terms, launching the electronic SWX repo market in 1999, and a high-growth market called SWX New Market in the same year which has already seen a number of successful high-tech listings. Eurex, the first transnational derivatives exchange, is a joint venture between SWX and Deutsche Borse AG. SWX and the German bourse have also combined their trades in structured products under a joint subsidiary which launched on 1 January 2007. SWX is also a partner in STOXX.

Stocks, bonds and warrants are traded on the SWX Swiss Exchange. Since July 1998, SWX has also provided facilities for electronic trading in Eurobonds. Latterly, it has introduced Exchange Traded Funds (ETFs). One of the best-known SWX products is the SwissIndex family of securities market indicators. It comprises the Swiss Market Index (SMI), which is made up of the most important Swiss stocks and represents 80% of total market capitalization in Switzerland; the broader-based Swiss Performance Index (SPI), which covers all Swiss stocks (including those of Liechtenstein); and the Swiss Bond Index (SBI), which measures the performance of CHF bonds with a minimum life of one year. A separate index is published for investment companies.

After years of planning, SWX finally committed itself to a virtual future in June 2001 when its alliance with Tradepoint, a consortium of leading international investment banks, culminated in the launching of the virt-x pan-European electronic stock market on June 25th. Virt-x has subsequently become a wholly-owned subsidiary of the SWX.

Virt-x lists the top stocks from most of Europe’s largest bourses on a single screen, operates with a central counterparty facility with a choice of clearing organizations (LCH.Clearnet Limited, SIS x-clear AG) and settlement (CrestCo Limited, Euroclear Bank, SIS SegaInterSettle AG). It has a single rulebook for all stocks regardless of listing location. The exchange operates under UK regulatory standards.

Virt-x offers full dealing services in all the main index stocks in France, German and Italy as well as the FTSE Eurotop 300, Stoxx and MCI indices which cover smaller European markets as well.

In October, 2004, SWX approved changes to its reporting regulations which will reduce the potential for insider trading, and bring Switzerland into line with the rest of Europe in this regard. Under the new rules, which came into force in July, 2005, listed companies are obliged to report to the SWX transactions undertaken by a single member of their management team in the company's shares totalling more than SFr100,000 ($79,000) in any one month. Such reports must be made within two days of the transaction having taken place.

This in fact represents a 'watered down' version of the original draft proposals put forward by the SWX Admissions Board, although representatives of the Swiss banking and business communities had pushed unsuccessfully for a higher threshold and extended reporting deadline.

Both the SWX and virt-x recorded all-time highs in turnover and trading volume in 2006.

Turnover rose by more than 36% versus the previous year to reach almost CHF2 trillion (US$1.6 trillion), the SWX reported in Janaury 2007.

According to the exchange, there was a surge in trading activity in securitised derivatives, with turnover in these instruments "virtually exploding". Turnover in this segment grew by 49%, and volume registered a 62% increase compared to 2005.

Turnover in equities, including funds, also grew sharply to, CHF1,737,046 million in 2006, up 42.8% compared to 2005. Meanwhile, turnover in Exchange Traded Funds (ETFs) grew by 40.4% to CHF18,984 million in 2006 compared with 2005.

Turnover in International Bonds increased by 25.5% to CHF20,025 million in 2006 compared with the previous year, although turnover in CHF bonds dropped by 9.7% last year to CHF154,416 million.

At 8785.7 points, the blue chip SMI index fell just shy of closing the year at an all-time high. The described the performance of the SMIM which finished the year up 47%, as "particularly remarkable".

On January 1, 2007, the SWX adopted new Rules of Procedure which, according to the exchange, have brought considerable changes and benefits for issuers, participants and traders. These changes include an improved system of checks and balances, greater legal certainty, standard rules of procedure governing investigative and sanction proceedings and the faster completion of these proceedings.

Under the reforms, the bourse's Admission Board retains its legislative authority as before, but ceded its judicial powers to an independent Sanction Commission (which replaced the current Disciplinary Commission), in a bid to improve the separation of powers.

The SWX also standardised procedural rules that are applicable across all areas of supervision.

The exchange believes that this reorganisation of judicial powers, in addition to other "select changes", have meant that proceedings are concluded more rapidly for participants, traders and issuers.

In addition, a new statute of limitations provision will help to speed up the conclusion of proceedings, the Exchange said. This means that no proceedings will be instituted if a possible breach of the SWX rules and regulations happened more than two years ago. Similarly, a decision may no longer be taken if more than two years have passed since proceedings began.

In a joint effort, SWX and IAZI (Information and Education Centre for Real Estate AG) are marketing Swiss indices on single-family homes, freehold flats and multifamily housing. The indices have been developed by IAZI and will be calculated on a continual basis. As a result, indices compiled by a fully independent firm and based on actual real estate transactions will be available in Europe for the first time. The SWX said that moreover, these unbiased indices will provide a credible foundation for derivative financial instruments.

IAZI will bear responsibility for compilation of the indices, while their publication and distribution will be in the hands of SWX, with marketing conducted on a co-branding basis. Publication of the indices commenced on 18 April 2007 and encompasses the following five indicators:

  • SWX IAZI Private Real Estate Price Index
  • SWX IAZI Private House Price Index
  • SWX IAZI Condominium Price Index
  • SWX IAZI Investment Real Estate Price Index
  • SWX IAZI Investment Real Estate Performance Index


Switzerland Investments By Foreigners

There are no controls on inward investment, or on the repatriation of profits or capital on disinvestment, other than applicable taxes (see Direct Corporate Taxation). The Swiss authorities have a 'laissez-faire' attitude towards investment, but the other side of that coin is that there is relatively little official support for investment, at least at Federal level. However, the Government does support infrastructural investment (tourist facilities, communications and training facilities) with subsidised loans up to 25% of a financing package. There are also a few traditional, mainly rural, industries in long-term decline in which the Government offers rather more generous financial support.

The picture is quite different at cantonal level, where a wide variety of investment supports is available. The cantons frequently compete vigorously to secure attractive projects, and the terms of incoming investment are extremely negotiable in many cases. The types of support available include assistance or subsidy with land or premises, waiving of work permit requirements, tax holidays up to 10 years, cheap energy and training subsidies. Some cantons have designated industrial zones which have some or all of the listed privileges.

Although most cantons are 'open to offer', some in particular are more open than others: Fribourg, Grisons, Lucerne, Schwyz, Untervalden, Uri, Valais and Vaud, all of which are predominantly agricultural areas, are thought to be particularly keen on attracting inward investment.

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