5. Paragraphs 2, 3 and 4 do not affect the taxation of the corporation with respect to the profits under which dividends are paid. 3. A company residing in Switzerland and reaping dividends from a company domiciled in Australia is entitled, for taxation purposes in Switzerland, to the same exemption that would be granted to the company if the number of dividends of the company were established in Switzerland. 1.7 The Swiss Convention also applies to third-country nationals with regard to Article 23 (non-discrimination) in its application to nationals of one of the contracting countries, Article 24 (mutual agreement procedure), as long as the person is a national of one of the contracting countries, and with regard to the exchange of information under Article 25 (exchange of information). 1.333 With regard to Article 25 (exchange of information), the Swiss Convention applies to information relating to taxes or years that begin or begin or begin after the convention comes into force on 1 January. [Article 27, paragraph 2 quater)] – that certain cross-border dividends be exempt from withholding tax or subject to a maximum tax rate of 5% in that country; Article 10 (dividends) limits the taxation of cross-border dividends in countries of origin: 1.298 Only cases presented under paragraph 1 of this article (i.e. where a person claims that the acts of Australia or Switzerland give rise to a tax that does not comply with the Swiss convention) are eligible. Cases that occur under paragraph 3 of this article, for example. B a case that presents a general difficulty in the interpretation or application of the agreement, cannot be resolved by this arbitration mechanism. Here you can find information on international tax treaties for Australian residents and non-residents. We have included general information on tax treaties, other international tax agreements and bilateral supernuation agreements. (a) Where a national resident collects income that can be taxed in Australia under this agreement, Switzerland exempts that income from tax subject to paragraph b), but may, for the calculation of the resident`s remaining income tax, apply the tax rate that would have been applicable if the exempt income had not been exempted.
However, this exemption applies to the benefits covered by Article 13, paragraph 4, only if the effective taxation of those profits in Australia is demonstrated. Following the negotiations, a report on the new DBA with Australia was submitted for advice to the cantons and relevant professional organisations. They agreed to sign. The new agreement still needs to be approved by the parliament of both countries before it enters into force. It is subject to an optional referendum in Switzerland. 1.267 The term “in the same circumstances” refers to persons who, based on the application of ordinary tax legislation, find themselves in a similar substantial context, both legally and legally. On 13 March 2009, the Federal Council announced that Switzerland intends to adopt OECD standards for mutual tax assistance, in accordance with Article 26 of the OECD Model Tax Convention. The decision allows the exchange of information with other countries in individual cases where a concrete and reasoned request has been made. The Federal Council has decided to withdraw the reserve for the OECD`s model tax treaty and to begin negotiations on the revision of double taxation conventions. However, Swiss banking secrecy remains intact.
