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We provide insight and advice on business-related topics such as accounting practices and tax optimization. Our specialists share their experiences and solutions to financial and business challenges.
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Taxes
Legal basis for the collection of taxes & fees
State levies such as taxes and fees require a legal basis that clearly establishes the responsible parties and assessment bases. If this is missing, the levy is legally vulnerable and this was confirmed by the Federal Court in a case concerning parking fees.
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Taxes
Subsequent refund of the withholding tax possible from 2019
The Swiss Parliament has decided on a legislative amendment that allows the refund of the withholding tax, even if dividends were negligently not declared, retroactively from 2014. This follows criticism of the strict jurisprudence that previously excluded such refunds.
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Uncategorized
We congratulate you on receiving the EXPERTsuisse diplomas!
Dario Bellini, Martin Roos, and Benjamin Vögele from Findea AG received diplomas from EXPERTsuisse in Bern. They specialize in auditing, fiduciary services, and certified fiduciary services.
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Accounting
Distinction between self-employment and hobby activities
The Federal Court confirmed that a farm qualifies as a hobby rather than an independent economic activity without profit-seeking intentions from 2011 onwards. A deferral of taxes when transferring business assets to private assets was rejected because an incorrect legal basis was cited.
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Taxes
Definition of the replacement value for calculating the capital costs
When selling a property, the profit is taxed with a real estate gain tax; the replacement value, which varies by canton, serves as the basis for calculation. The Federal Court dismissed the complaint regarding the definition of replacement value, as Lucerne was allowed to use the old cadastral value.
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Taxes
Criteria of a joint household for determining inheritance tax
In the Canton of Aargau, the inheritance tax is based on the estate sum and the degree of kinship; a woman who lived in separate apartments with her brother failed at the Federal Court with her demand for a lower tax rate. The Federal Court ruled that there was no joint household, as both had completely equipped apartments, which confirmed the original tax claim.
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Taxes
Credit of expenses against the property gains tax
In the case of real estate capital gains tax, only actually paid, value-enhancing expenditures are deductible. Unpaid expenditures are not considered deductible.
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Taxes
Market value of a property
The market value of a property is usually determined by expert estimates that take into account both the location and the condition of the property. However, the actual selling price may vary, influenced by subjective factors such as buyer preferences or sales pressure.
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Accounting
Possibility of booking a fine as a provision.
Legal entities may book provisions as expenses to reduce taxable income. Fines without penal character may also be recorded as provisions.
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