Switzerland: “Brexit” implications for UK nationals; lump-sum taxation, permits, residences

Switzerland: “Brexit” implications for UK nationals

What does “Brexit” mean for resident non-domiciles and their existing or future Swiss connections?

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For UK nationals, as long as the UK has not formally left the EU, nothing changes with regards to a relocation to Switzerland (that is, concerning permits, etc.) Once the UK formally leaves the EU, from a Swiss perspective, UK nationals would be considered to be “third-country nationals” (assuming the UK does not join EFTA or bilaterally agree a different status with Switzerland). Thus, with regards to relocation and residence permits, the situation will change in some way, in that UK nationals will no longer benefit from the same freedom of movement privileges as EU nationals.

Lump-sum taxation

What does Brexit mean for the Swiss privileged taxation regime? From a tax perspective, foreigners relocating for the first time to Switzerland are offered an attractive taxation regime called “lump-sum taxation.” To profit from this regime, lump-sum taxpayers may not conduct employment activities in Switzerland. In order to obtain a residence permit, the applicants must prove that they will not be at risk to require aid from the Swiss welfare system—something that can be assumed for lump-sum taxpayers with a requested minimum wealth basis.

Additionally, depending on the nationality, two different regimes for receiving a residence permit apply:

  • EU nationals will obtain a permit when meeting certain conditions.
  • Non EU-EFTA nationalities must also satisfy the conditions, plus Swiss authorities require a “predominant public tax interest” to provide a permit. Such a predominant public tax interest is given if the individual contributes CHF 250,000 to CHF 1 million in taxes per year.

Once a permit is received, it is subject to renewal, and individuals need to make certain that they change their permit after the first five years, from an annual permit to unlimited residence permit in Switzerland. In order to extend or change it, the individuals must be in the position to prove their close ties to Switzerland—that is, how long someone’s been in Switzerland, because the longer they’ve lived in Switzerland, the stronger the connection. In addition it is often advantageous if the individuals can prove that they speak the local language (German / French / Italian) and if they have children, their children are sent to public or private schools in Switzerland rather than abroad. Finally, in many Swiss cantons, no inheritance tax or gift tax is levied on estate handed over to spouses and children.

UK ownership of residential property

What does Brexit mean for UK nationals holding residential property in Switzerland? In principle the acquisition of residential property in Switzerland by persons abroad is subject to a prior authorization requirement (the “Lex Koller” regime).

UK nationals with a holiday home in Switzerland may acquire real estate only within the annual cantonal quota for nationals, but may sell a holiday home at any time. Legal heirs of an owner do not require authorization to acquire the property. This will remain unchanged and those UK nationals who already have a holiday home in Switzerland are allowed to keep it.

In the future (after Brexit), UK nationals with a residence in Switzerland are likely to enjoy protection with regards to existing property used for residence purposes (the exempted acquisition for legal heirs will be maintained, and there will be no need to sell the property after a change of residence to a place abroad). However, in the future, new acquisitions of property for residence purpose by UK nationals may fall under the Lex Koller regime with restrictions in terms of size and use of the property.

 

Read a July 2016 blog posting by the KPMG member firm in Switzerland: Brexit: Is Switzerland an attractive alternative for resident non-doms?

The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.

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