The Resource AA and another v Thurgau Canton Tax Authority : Case 2C_894/2013 ; 2C_895/2013

AA and another v Thurgau Canton Tax Authority : Case 2C_894/2013 ; 2C_895/2013

Label
AA and another v Thurgau Canton Tax Authority : Case 2C_894/2013 ; 2C_895/2013
Title
AA and another v Thurgau Canton Tax Authority : Case 2C_894/2013 ; 2C_895/2013
Contributor
Subject
Language
eng
Summary
Judgment by the Swiss Federal Supreme Court (second public law division), judgment date 18 September 2015. The taxpayer lived in the canton of Thurgau. He owned 50 per cent of a US limited liability company (the equivalent of a limited partnership). The other 50 per cent was owned by a US resident. The taxpayer granted the US shareholder an option to buy his shares within 18 months and received two payments for the option. The US partner did not end up exercising the option. The tax authorities classified those payments as taxable income arising out of subsidiary self-employed activities. The taxpayer objected, arguing that the payments constituted tax-exempt private capital gains derived from options in the US company. This decision is one of a number of recent decisions from Switzerland on the characterisation of a foreign legal entity
Citation source
In: International tax law reports. - London. - Vol. 18 (2016), part 6 ; p. 769-797
Language note
  • English
  • German
http://library.link/vocab/relatedWorkOrContributorName
Baker, P
http://library.link/vocab/subjectName
  • case law
  • tax treaty
  • limited liability partnership
  • capital gains tax
  • entity classification
  • foreign limited liability company
Label
AA and another v Thurgau Canton Tax Authority : Case 2C_894/2013 ; 2C_895/2013
Instantiates
Publication
Label
AA and another v Thurgau Canton Tax Authority : Case 2C_894/2013 ; 2C_895/2013
Publication

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