Legislator Case Law & Legislation
642.21 VSTGLIALIP CH

Art. 7 Federal Law of October 13, 1965, on Withholding Tax (WTA)

LIA; Chapitre 1 Perception de l’impôt anticipé; A. Objet de l’impôt; III. Prestations d’assurances; 1. Règles
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Art. 7 LIA

Withholding tax on insurance benefits applies to capital benefits made under life insurance, as well as annuities and pensions, if the insurance is part of the insurer's Swiss portfolio and if, at the time the insured event occurs, the policyholder or a rightful claimant is domiciled in Switzerland.

The transfer of insurance from a Swiss portfolio to a foreign portfolio, as well as the assignment of insurance claims by a person domiciled in Switzerland to a person domiciled abroad, are treated, for withholding tax purposes, as payment of the insurance benefit.

Any payment of assets as per Art. 5, para. 1, let. d, is also considered as a capital benefit made under a life insurance policy, regardless of the reason for the payment.

← Art. 6 LIA Federal Act of 13 October 1965 on Withholding Tax (WTA) Art. 8 LIA →

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Court Decisions Applying This Provision (6)

A/1633/2012 · ge (art. 7 al. 1 let a-d de la loi sur l’instruction publique du 6 novembre 1940 (LIP - C 1 10))
Parental Request for School Exemption Denied
Cited to define the structure of public instruction in the Canton of Geneva, which supports the underlying decision regarding compulsory schooling.
A/1633/2012 · ge (art. 7 al. 2 LIP)
Parental Request for School Exemption Denied
Cited to state that primary and lower secondary levels constitute compulsory schooling.
A/1633/2012 · ge (art. 7A LIP)
Parental Request for School Exemption Denied
Cited to confirm that attendance at courses is mandatory, subject to admitted absences.
A/1628/2011 · ge (art. 7A LIP)
Student Exclusion Over Medical Absences Overturned
This article defines the mandatory participation in courses, which the court used to determine that the appellant's absences were founded on valid motives for the semester in question.
VPB 96-400 (Art. 7 LIP)
Parliamentary Indemnity Law Amendments: Travel, Retirement, and Allowances
Provides for a contribution towards private pension for members of parliament.
52.2016.592 · ti (art. 7 LIA)
Cantonal Craft Registration Requirements Violate Federal Internal Market Act
Cited as the source of personal requirements imposed on the company, constituting a restriction.