Legislator Case Law & Legislation
642.21 VSTGLIALIP CH

Art. 19 Federal Law of October 13, 1965, on Withholding Tax (WTA)

LIA; Chapitre 1 Perception de l’impôt anticipé; B. Obligation fiscale; IV. Déclaration remplaçant le paiement de l’impôt; 1. Pour les prestations d’assurances
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Art. 19 LIA

The insurer must fulfill its tax obligation by declaring the taxable insurance benefit, unless the insured party or a beneficiary has communicated their objection to the declaration in writing before the payment is made.

If the withholding tax the insurer is required to pay as a result of the objection exceeds the amount of the benefit that remains to be paid, the objection to the declaration is only valid if the objector reimburses the insurer for the difference.

The insurer is required to report the benefits to the Federal Tax Administration (FTA) within thirty days following the end of the month during which they were executed.

The insurer is also required to report to the FTA the periodic benefits of annuity insurance subject to the Federal Law of April 2, 1908, on the Insurance Contract within thirty days following the end of the year during which they were executed.

← Art. 18 LIA Federal Act of 13 October 1965 on Withholding Tax (WTA) Art. 20 LIA →

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Court Decisions Applying This Provision (4)

34.2014.27 · ti (art. 19 LIP)
Insured Individual v. Pension Fund (Tax Liability on Lump-Sum Withdrawal)
Cited in the reasoning regarding the notification procedure to the Federal Tax Administration.
34.2014.27 · ti (art. 19 cpv. 1 LIP)
Insured Individual v. Pension Fund (Tax Liability on Lump-Sum Withdrawal)
Cited in the reasoning regarding the duty to deduct anticipatory tax in case of opposition to notification.
50.2005.3 · ti (art. 19, 20 LIA 1971)
Landowner Appeal Against Expropriation for Lake Protection Plan Upheld in Part
Cited in the final 'Per questi motivi' section.
52.2016.592 · ti (art. 19 cpv. 1 LIA)
Cantonal Craft Registration Requirements Violate Federal Internal Market Act
Cited regarding the imposition of registration fees, which violates the principle of free procedure under LMI.