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642.21 VSTGLIALIP CH

Art. 38 Federal Act of October 13, 1965 on the Withholding Tax (WTA)

LIA; Chapitre 3 Autorités et procédure; B. Procédure; I. Perception de l’impôt; 1. Inscription comme contribuable; taxation par le contribuable lui-même
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Art. 38 LIA

Any person liable for withholding tax, in accordance with this Act, is obliged to register with the Federal Tax Administration (FTA) without waiting to be invited to do so.

The taxpayer must, upon the due date of the tax (Art. 16), submit to the FTA the prescribed statement along with the supporting documents, without waiting to be invited to do so, and simultaneously pay the tax or make the declaration replacing the payment (Art. 19 and 20).

The declaration procedure under Art. 20a, para. 1, must be completed within ninety days following the due date of the taxable benefit, and the declaration must be accompanied by supporting documents and a certificate of residence of the beneficiary.

Any declaration pursuant to Art. 19 concerning insurance benefits paid to individuals domiciled in Switzerland must mention their social security number (AVS number).

Individuals domiciled in Switzerland who are entitled to insurance benefits under Art. 7 must communicate their AVS number to the person obliged to declare under Art. 19. If this number is not provided, the legal or contractual effects of default are suspended for the person obliged to declare until they receive this number. Art. 19, para. 3, remains reserved.

← Art. 37 LIA Federal Act of 13 October 1965 on Withholding Tax (WTA) Art. 39 LIA →

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Court Decisions Applying This Provision (3)

A-1623/2018 (Art. 38 f. VStG)
Company Appeal on Withholding Tax for Benefit-in-Kind Partially Upheld
References the principles of self-assessment and the duty of cooperation.
A-364/2013 (Art. 38 VStG)
Taxpayer Responsibility for Default Interest on Gratis Share Withholding Tax
Outlines the self-assessment principle for withholding tax, requiring taxpayers to declare and pay taxes without demand.
A-687/2008 (Art. 38 VStG)
Company's Tax Assessment Reduced After Initial Non-Cooperation
Cited regarding the self-assessment principle and the obligation to submit tax returns and pay tax.