Legislator Case Law & Legislation
642.21 VSTGLIALIP CH

Art. 54 Federal Law of October 13, 1965, on the Withholding Tax (WTA)

LIA; Chapitre 3 Autorités et procédure; B. Procédure; II. Remboursement de l’impôt; 3. Remboursement par le canton; c. Recours à la commission cantonale de recours
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Art. 54 LIA

The decision issued on a claim by the cantonal withholding tax office may, within thirty days following its notification, be challenged through a written appeal to the cantonal appeals commission; the appeal must contain precise conclusions and state the facts that justify it. Art. 55 is reserved.

The appeals commission shall take the necessary investigative measures; Arts. 48 to 50 apply by analogy.

The Federal Tax Administration (FTA) must be given the opportunity to participate in the procedure and to submit conclusions.

The appeal procedure shall continue, notwithstanding the withdrawal of the appeal, if there are indications that the contested decision is not in accordance with the law, as well as if the federal administration or the cantonal tax administration has submitted conclusions and maintains them.

The appeals commission renders its decision on the appeal based on the results of its investigation, without being bound by the conclusions submitted.

The decision must be reasoned and indicate the avenue of appeal; it is communicated in writing to the persons directly concerned, as well as to the cantonal and federal tax administrations.

← Art. 53 LIA Federal Act of 13 October 1965 on Withholding Tax (WTA) Art. 55 LIA →

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Court Decisions Applying This Provision (35)

A 2023 4 · zg (Art. 54 Abs. 1 VStG)
Taxpayer Withholding Tax Refund Forfeiture and Remand for Factual Clarification
Cited in the reasoning regarding formal requirements but not explicitly in the final dispositive orders.
A/4383/2022 · ge (art. 53 et 54 LIP)
School Fee Invoice Challenge Regarding Missing Signature Approval
The basis of the annulled invoices was implicitly challenged through these provisions, leading to the annulment of the invoices.
A/4381/2022 · ge (art. 54 al. 3 LIP)
Students v. Department Regarding Photocopy Fee Validation
The final order mentions the cancellation of invoices based on the lack of valid adoption of the directive, which must be approved by the competent authority under this article.
FI.2022.0137 · vd (art. 54 al. 1 LIA)
Withholding Tax Reimbursement Forfeiture Due to Late Declaration
Cited in the reasoning regarding the prescribed method and deadline for appealing the withholding tax decision to the cantonal commission (which this court is reviewing).
A/3783/2021 · ge (art. 54 al. 1 LIA)
Taxpayers v. [Relevant Tax Authority]
The court cited this article to confirm the admissibility of the appeal.
3.BV.2021.1 · ag (Art. 54 VStG)
Shareholder's Intentional Non-Declaration of Advantageous Payments Bars Tax Refund
Cited in conjunction with Art. 144 DBG (analogously) as the legal basis for imposing costs on the appellants.
3.BV.2019.1 · ag (Art. 54 VStG i.V.m. Art. 144 DBG)
Tax Office v. Former Spouse: Unjust Enrichment Claim for Withholding Tax Overpayment Fails
Used to assign the costs of the appeal proceedings to the state treasury.
3.BV.2019.1 · ag (Art. 54 VStG i.V.m. Art. 144 DBG)
Tax Office v. Former Spouse: Unjust Enrichment Claim for Withholding Tax Overpayment Fails
Used to award party costs to the appellant.
604 2021 50 · fr (Art. 54 al. 1 LIA)
Estate Heirs Withholding Tax Refund Dispute and Individual Liability Assessment
This provision governs the general appeal procedure against the decision on objection to the tax authority, which was the contested decision.
A/4281/2020 · ge (art. 54 al. 1 LIA)
Taxpayer Appeal Regarding Undeclared Benefits in Kind and Withholding Tax Reimbursement
Cited as the basis for the admissibility of the appeal before the administrative court.
2019.02.22.stger.2 · bl (Art. 54 Abs. 1 VStG)
Taxpayer Refund for Omitted Dividend Declaration Based on Post-Omission Law Change
Cited in the dispositive for the allowance of the refund of withholding tax.
530.18.45 · bl (Art. 54 Abs. 1 VStG)
Taxpayers Entitled to Withholding Tax Refund for Negligently Undeclared Dividend
This provision was cited in conjunction with other articles for the imposition of court costs and the award of party compensation.
2019.02.08.stger.2 · bl (Art. 54 Abs. 1 VStG)
Taxpayer Refund for Negligently Undisclosed Dividend
Used to determine that the appellants bear no procedural costs and are entitled to party compensation, and to establish the court's jurisdiction.
2018 · zh (Art. 54 Abs. 1 des Bundesgesetzes über die Verrechnungssteuer vom 13. Oktober 1965 (VStG))
Taxpayer Reimbursement Denial for Untimely Additional US Withholding Claims
Cited in relation to Art. 17 VO DBA CH-USA, establishing that an appeal can only be filed against a decision following an objection (Einspracheentscheid).
2018.06.22.stger.1 · bl (Art. 54 Abs. 1 VStG)
Taxpayer Forfeits Refund for Undisclosed Liquidation Gain
This provision is cited in the context of imposing court costs on the losing party.