The Resource Federal Supreme Court rejects Swiss witholding tax reclaims made by an Italian bank under Italy-Switzerland tax treaty

Federal Supreme Court rejects Swiss witholding tax reclaims made by an Italian bank under Italy-Switzerland tax treaty

Label
Federal Supreme Court rejects Swiss witholding tax reclaims made by an Italian bank under Italy-Switzerland tax treaty
Title
Federal Supreme Court rejects Swiss witholding tax reclaims made by an Italian bank under Italy-Switzerland tax treaty
Creator
Subject
Language
eng
Summary
By decision dated 5 April 2017, the Federal Supreme Court essentially upheld a judgment rendered by the Federal Administrative Court (FAC) on 29 August 2016, rejecting Swiss withholding tax refund claims brought by an Italian bank regarding dividends received on Swiss listed shares for an amount of approximately CHF 10.7 million. Only in respect to a reclaim amount of CHF 11,600, the Supreme Court reversed the decision of the FAC and referred the matter back to the FAC for further review, as it found the consideration of the evidence made by the FAC regarding one particular share position to be arbitrary. In this report the author focusses on the main claim of the Italian bank, which was rejected by both Swiss courts
Citation source
In: Derivatives and financial instruments. - Amsterdam. - Vol. 19 (2017), no. 6 ; 7 p
http://library.link/vocab/creatorName
Reinarz, P
Geographic coverage
Europe
Language note
English
http://library.link/vocab/subjectName
  • withholding tax
  • refund
  • foreign bank
  • tax treaty
  • case law
  • information duty
Label
Federal Supreme Court rejects Swiss witholding tax reclaims made by an Italian bank under Italy-Switzerland tax treaty
Instantiates
Publication
Label
Federal Supreme Court rejects Swiss witholding tax reclaims made by an Italian bank under Italy-Switzerland tax treaty
Publication

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      Rietlandpark 301, Amsterdam, 1019 DW, NL
      52.37366609999999 4.9336932
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