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Swiss companies fined- then claim back from taxes

I s this true? A friend told me he saw an item on Swiss news about a move to change the law so that swiss companies who get heavy fines for malpractice - and downright swindling- will no longer be able to deduct these amounts from the taxes they pay.Can this be TRUE? If so,it would mean that,until now,taxpayers' money has been paying the fines of these criminals and nobody raises a squeak of protest - and it apparently concerns HUGE amounts of money.


can this be REALLY the case???

The text you are quoting:

I s this true? A friend told me he saw an item on Swiss news about a move to change the law so that swiss companies who get heavy fines for malpractice - and downright swindling- will no longer be able to deduct these amounts from the taxes they pay.Can this be TRUE? If so,it would mean that,until now,taxpayers' money has been paying the fines of these criminals and nobody raises a squeak of protest - and it apparently concerns HUGE amounts of money.


can this be REALLY the case???


buzzcocksSep 14, 2014 @ 23:46
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Re: Swiss companies fined- then claim back from taxes
Post 1
Federal Council clarifies tax treatment of fines
Bern, 12.09.2014 - During its meeting today, the Federal Council adopted a report on the tax treatment of fines. Fines are punitive in nature and cannot be deducted from taxes. The same applies for financial administrative sanctions that are punitive in nature. However, profit disgorgement sanctions, which require repayment of taxable profits obtained by illegal acts, can be deducted. With the report, the Federal Council has responded to the Leutenegger-Oberholzer postulate (14.3087) submitted by the National Council.

http://www.admin.ch/aktuell/00089/index.html?lang=en&msg-id=54440

The text you are quoting:
Federal Council clarifies tax treatment of fines
Bern, 12.09.2014 - During its meeting today, the Federal Council adopted a report on the tax treatment of fines. Fines are punitive in nature and cannot be deducted from taxes. The same applies for financial administrative sanctions that are punitive in nature. However, profit disgorgement sanctions, which require repayment of taxable profits obtained by illegal acts, can be deducted. With the report, the Federal Council has responded to the Leutenegger-Oberholzer postulate (14.3087) submitted by the National Council.

http://www.admin.ch/aktuell/00089/index.html?lang=en&msg-id=54440


epicure, Sep 15, 2014 @ 04:34
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Re: Swiss companies fined- then claim back from taxes
Post 2

The tax treatment of fines, financial administrative sanctions and profit disgorgements is not explicitly regulated in the existing legislation. It can only be determined through interpretation of the law whether expenses are business-related or not. The Federal Council thus deems it conceivable to include clarifying provisions in the DFTA and DTHA.


This,from the same source,implies that,up until this clarification,companies have indeed been able to claim back their fines through taxes.( the first sentence above is rather worrying)

The text you are quoting:

The tax treatment of fines, financial administrative sanctions and profit disgorgements is not explicitly regulated in the existing legislation. It can only be determined through interpretation of the law whether expenses are business-related or not. The Federal Council thus deems it conceivable to include clarifying provisions in the DFTA and DTHA.


This,from the same source,implies that,up until this clarification,companies have indeed been able to claim back their fines through taxes.( the first sentence above is rather worrying)


buzzcocks, Sep 15, 2014 @ 10:43
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