Rs 642.114 Order Of February 17, 2010 On The Taxation Of Profits Of Liquidation In The Event Of Permanent Cessation Of The Independent Gainful Activity (Oibl)

Original Language Title: RS 642.114 Ordonnance du 17 février 2010 sur l’imposition des bénéfices de liquidation en cas de cessation définitive de l’activité lucrative indépendante (OIBL)

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642.114 order on the taxation of profits of liquidation in the event of permanent cessation of the lucrative independent (OIBL) of February 17, 2010 (Status January 1, 2011) the federal Council Swiss, view the art. 37b and 199 of the Federal law of 14 December 1990 on the direct federal tax (LIFD), stop: Section 1 provisions general art. 1 scope and field of application this order rule the taxation of profits of liquidation of a taxpayer who ceases to hold a lucrative independent: a. after the age of 55, forgotten the source. because of disability.

The onset of the disability is determined according to art. 4, al. 2, of the Federal Act of 19 June 1959 on disability insurance.
This order does not apply: a. to gainful self-employment income and other income which do not come from liquidation; (b) the benefits of liquidation as the taxpayer within the meaning of para. 1 realize after taking over a lucrative independent.

RS 831.20 art. 2 year of the liquidation liquidation year corresponds to the commercial exercise during which the liquidation is completed.

Art. 3 relationship with art. 18A LIFD this order is not applicable to completed if undisclosed reserves the imposition of these reserves as gainful self-employment income is delayed until the disposition of the building in accordance with art. 18, art. 1, LIFD.
However, the realized hidden reserves are part of the benefit of liquidation if the building is transferred from business assets to private wealth and is disposed of during the year of the liquidation or during the previous year.

Section 2 redemption in pension fund art. 4. the taxpayer affiliated to a pension fund can perform purchases according to the regulations of this institution and the legal provisions on occupational pension plans during the year of liquidation and during the previous year.
He can deduct these repurchases of its income (art. 33, para. 1, let. d, LIFD).
A surplus of contributions is deducted from the benefit of liquidation.

Section 3 redemption fictional art. 5 principles the taxpayer may apply to the tax authority the imposition of a fictitious redemption, in accordance with art. 8. it must produce the necessary documents for the calculation of the fictional redemption in accordance with art. 6 art. 6 calculation of the fictitious purchase the fictitious amount is calculated by multiplying the income determined in accordance with paras. 3 to 5 by the rate of the old age of 15% bonuses and the number of years according to para. 2; the deductions provided for in para. 6 are then subtracted from this amount. The notional amount must not exceed the amount of the benefit of liquidation.
Is determining the number of years between the age of 25 years and the age at the time of liquidation, but maximum number of years between the age of 25 and the normal age of retirement PENSION.
Income is equal to the average of the income subject to AHV independent gainful activity of the last five business years preceding the year of liquidation less the reserves carried out during the previous year.
If the taxpayer proves that it exercised a self-employed for less than five years until the year of liquidation, the income is calculated on the actual number of years of the exercise of this activity.
Income cannot exceed ten times the amount of the ceiling laid down in art. 8, al. 1, of the Federal Act of 25 June 1982 on occupational old age, survivors and disability insurance (LPP).
Are deducted: a. the retirement of retirement assets, including: 1. the assets in the institutions of foresight and free passage, 2. the assets of the pillar 3a in the sense of art. 60, art. 2, of the Ordinance of 18 April 1984 on occupational old-age, survivors, and disability;

b. the payments within the meaning of art. 3 of the order of 13 November 1985 on the deductions tax allowed for contributions to recognized forms of insurance; c. the payments within the meaning of art. 30 c BVG and art. 331e code of obligations (CO) and the product pledges made to the senses of the art. 331d, al. 6, CO; d. cash payments of institutions of foresight, the institutions of free passage, the pillar 3A and charitable funds institutions; e. the old age and disability benefits to institutions of foresight, the institutions of free passage, the institutions of the pillar 3A and charitable funds.

RS 831.40 RS 831.441.1 RS 831.461.3 RS 220 art. 7 later affiliation to a pension under the tax law, the fictional redemption taken into account is deducted later redeemed in a pension fund.
Art. 8 imposition of the fictitious purchase the fictitious amount is taxed according to art. 38 LIFD.

Section 4 rest of the benefit of art 9 calculation the rest of the benefit of liquidation includes the reserves carried out during the year of liquidation and previous less a. excess contributions (art. 4, al. 3); b. the fictitious purchase; c. the charges relating to the realization of the latent reserves; d. the carried-over loss and the loss of the current business year which was not offset by the income of the self-employed gainful activity.

Art. 10 taxation fifth liquidation income determines the rate of tax under art. 214 LIFD.
This rate is however around 2% at least.

As soon as Jan. 1. 2014: art. 36 section 5 estate art. 11 liquidation of the company by the heirs or legatees if the heirs or legatees of the taxpayer do not pursue the independent activity of the taxpayer and liquidate its proprietorship in the five calendar years following his death, the tax rate is determined in accordance with art. 10. It also applies if the heirs or legatees of the taxpayer do not pursue the activity of the taxpayer in a partnership and if they alienate its share of the company or if the partnership is wound up in the same period.
If the heirs or legatees of the taxpayer do not pursue the independent activity of the taxpayer but not liquidate the company in the five calendar years following his death, there is a count due to tax systematics according to para. 1 this delay time.
The mere execution of the obligations existing at the time of the transfer of the estate is not considered to be a continuation of independent activity.
The heirs or legatees may not assert a fictitious redemption according to art. 5 art. 12 pursuit of gainful self-employment by the heirs or legatees if the heirs or legatees continue exercising the independent activity of the taxpayer, this order applies only if they meet the conditions set out in art. 37b LIFD.

Section 6 entry into force art. 13. this order comes into force on January 1, 2011.

RO 2010 717 RS 642.11 State on January 1, 2011