¹ Any person who carries on a business, whether or not not-for-profit, and regardless of its legal form and purpose, is liable to tax if the person is not relieved of the liability under para. 2. Operates a business person who meets the following conditions:

A.

It exercises on an independent basis a professional or commercial activity with a view to achieving, on the basis of benefits, revenue with a permanent character;

B.

It acts in its own name vis-vis third parties.

² Is relieved of the liability referred to in para. 1 person:

A.

Carries out in one year, on Swiss territory, a turnover of less than 100 000 francs from taxable benefits which it provides, provided that it does not waive the freedom to be granted subject-matter; the turnover is calculated on the Basis of agreed upon (non-tax) benefits;

B.

Carries on a business having its registered office abroad when it provides exclusively, in Swiss territory, benefits subject to tax on acquisitions (Art. 45 to 49); however, is liable to tax the person who carries on a business having its head office abroad and supplies in the Swiss territory services in the matter of computing or telecommunications to recipients not Subject to tax;

C.

Carries out on the territory of Switzerland, as a non-profit, non-profit, non-profit and publicly managed institution, a turnover of less than 150 000 francs from taxable benefits which it Provides, provided that it does not waive the release of the subjugation. The turnover is calculated on the basis of the agreed (non-tax) counter-benefits.

³ The company having its seat on the Swiss territory and all its permanent establishments on Swiss territory together form a tax subject.

¹ Every person who carries on business and is not liable to tax under s. 10, para. 2, or 12, para. 3, has the right to waive the release of the liability.

² The waiver must be maintained for at least one fiscal period.

¹ The autonomous services of the Confederation, the cantons and the municipalities and the other institutions of public law are the tax subjects of the public authorities.

² Services can group together to form a single tax subject. This status may be selected for the beginning of any fiscal period. It must be maintained for at least one fiscal period.

³ The tax subject of a public community shall be released from subjugation as long as the turnover from taxable benefits it provides to third parties other than public authorities does not exceed 25 000 francs per year. Otherwise, it shall remain non-subject for as long as the turnover from taxable benefits it provides to other public authorities or to third parties does not exceed 100 000 francs per annum. The turnover is calculated on the basis of the agreed (non-tax) counter-benefits.

⁴ The Federal Council determines the benefits of public authorities which are considered to be entrepreneurial and therefore taxable.

¹ Entities having their headquarters or a permanent establishment in the territory of the Confederation that are united under one direction may request to be treated as a single tax subject (tax group). Entities that do not carry on business as well as natural persons may be part of a group.

² This status may be selected for the beginning of any fiscal period. The taxable person may put an end to it for the end of a fiscal period.

¹ Coverage begins at the beginning of entrepreneurial activity.

² Coverage ceases:

A.

The cessation of entrepreneurial activity;

B.

At the close of the liquidation procedure, in the event of liquidation of a heritage.

³ The release of the subjugation is terminated as soon as the total turnover in the last fiscal year reaches the limit set out in s. 10, para. 2, let. A or c, or 12, al. 3, or if there is reason to suppose that this limit will be exceeded within twelve months after the beginning or an extension of the entrepreneurial activity.

⁴ The Statement of Waiver of Coverage may be made at the earliest for the beginning of the current fiscal period.

⁵ If the taxable person's turnover no longer reaches the threshold amount set out in s. 10, para. 2, let. A or c, or 12, al. 3, and if it is reasonable to assume that the determining turnover will not be attained either during the next fiscal period, the taxable person must announce it. It can do so at the earliest for the end of the fiscal period in which the threshold amount ceases to be reached. If he does not do so, he is deemed to have waived his release from subjugation under s. 11. In such a case, the waiver takes effect at the beginning of the next fiscal period.

¹ Are jointly and severally liable with the taxable person:

A.

Members of a simple corporation, a partnership or a limited partnership, in the context of their liability under civil law;

B.

The person who executes or causes a voluntary auction to be performed;

C.

Any person or partnership that is part of a taxation group (s. 13), for the whole of the group's tax debt; if a person or partnership leaves the tax group, it no longer responds only to tax claims arising from its own entrepreneurial activities;

D.

In the case of a transfer of the business: the preceding debtor, for the tax claims arising before the business resumption, for the three years following the announcement of the transfer or the transfer notice;

E.

At the end of the liability of a dissolved corporation, a commercial corporation or a community of persons without legal personality: the persons in charge of the liquidation, up to the proceeds of the liquidation;

F.

For the tax debt of a legal entity having transferred its headquarters abroad: the bodies responsible for the management of its affairs, up to its net wealth.

² The persons referred to in para. 1, let. E and f, answer only tax debts, interest and costs which arise or accrue during their term of office; their liability shall not be incurred if they prove that they have done all that could reasonably be required of them to To enable the determination and enforcement of the tax debt.

³ Liability under s. 12, para. 3, of the Federal Act of 22 March 1974 on Administrative Criminal Law (DPA) ¹ Is reserved.

⁴ If the taxable person transfers claims from his or her business to third parties, they subsidiarily respond to the amount of VAT transferred with the debt if, at the time of the assignment, the tax debt to the Federal Contributions Administration (AFC) has not yet been incurred And that the Confederation holds an act of default against the taxable person.

⁵ In the proceedings, the person jointly and severally liable has the same rights and obligations as the taxable person.

¹ Upon the death of a taxable person, his heirs shall succeed him in his rights and obligations. They are jointly and severally liable for the deceased's tax debt up to the extent of their hereditary share, including cash advances.

² Any person taking over a business shall succeed the previous holder in his rights and obligations.

The fulfilment of the tax obligations of foreign commercial companies and the communities of foreign persons without legal personality is also the responsibility of their partners.

¹ The services provided on Swiss territory by taxable persons subject to counterpressure shall be subject to taxation in Swiss territory; such benefits may be taxed as long as this Act does not Excluded it.

² In the absence of a benefit, the following, in particular, are not part of the counterbenefit:

A.

Grants and other public-law contributions, even if they are paid under a benefit mandate or a program agreement within the meaning of s. 46, para. 2, Cst.

B.

Revenue derived exclusively from tourist taxes of public law incurred by tourist boards and tourist development companies in favour of the community, on the terms of a public authority;

C.

The cantonal contributions made by the funds for water supply, waste water treatment or waste management to the establishments that carry out these tasks;

D.

Gifts;

E.

Contributions to a business, including interest-free loans, remediation contributions, and the abandonment of claims;

F.

Dividends and other shares of profits;

G.

Compensatory allowances paid to the economic operators of a branch by virtue of legal or contractual provisions by an organisational unit, in particular by a fund;

H.

Instructions, especially on packaging;

I.

Amounts paid as damages or moral damages as well as allowances of the same kind;

J.

Allowances paid for an activity carried on as an employee, such as the fees of a board of directors or a board of directors, the allowances paid by the authorities or the balance;

K.

Refunds, contributions and financial assistance received for the delivery of property outside Canada, exempt under s. 23, para. 2, c. 1;

L.

Emoluments, contributions and other amounts received for activities under the authority of the public authority.

¹ The independent benefits are dealt with separately.

² Several independent benefits that form a whole or are offered in combination can be treated as the main benefit if they are provided at a global price and the main benefit is at least 70 % of the Total counter-benefit (combination).

³ Benefits which are closely linked from an economic point of view and which combine in such a way that they must be regarded as an indivisible whole constitute a single economic operation and are treated as a benefit Global.

⁴ The ancillary benefits, such as the supply of packaging and packaging, are taxed as the main benefit.

¹ A benefit is deemed to be provided by the person who appears to the third parties as the supplier of the benefit.

² Where a person acts on behalf of and on behalf of another, the benefit is deemed to be provided by the represented person if the person who represents the person meets the following conditions:

A.

It can prove that it acts as a representative and can clearly communicate the identity of the person it represents;

B.

It specifically refers to the representation report to the recipient of the benefit or this report is the result of the circumstances.

³ When para. 1 applies to a tripartite relationship, there is also a benefit between the person who appears as a supplier and the person who actually provides the benefit as between the person who appears to be a supplier and the recipient of the benefit.

¹ A benefit excluded from the tax field is not taxable if the taxable person has not opted for taxation under s. 22.

² Excluded from the tax field are:

1.

The carriage of goods under the reserved services referred to in s. 3 of the Act of 30 April 1997 on the post ¹ ;

2.

Medical care and treatment in the field of human medicine, including those closely related to them, provided in hospitals or other diagnostic and medical treatment centres; Delivery of orthopaedic appliances and prostheses manufactured by or acquired by the taxable person is taxable;

3.

Treatment in the field of human medicine provided by physicians, dentists, psychotherapists, chiropractors, physiotherapists, naturopaths, midwives, nurses or members of similar professions The health sector, if the providers of these services are licensed to practice; the Federal Council regulates the terms; however, the delivery of orthopaedic appliances or prostheses manufactured by the taxable person or acquired It is taxable;

4.

Other nursing services provided by nurses or home care and home care organizations, as well as in homes, provided that they are prescribed by a physician;

5.

The delivery of human organs by recognized medical institutions or hospitals, as well as the delivery of full human blood by the licensees required for this purpose;

6.

The services of services of groups whose members are in the professions listed in c. 3, as long as they are invoiced on a pro rata basis and at cost, in the direct exercise of their activities;

7.

The transport of sick, injured or disabled persons using specially designed means of transport;

8.

Benefits provided by social assistance and security institutions; benefits provided by public aid and home care organisations, as well as those provided by retirement homes, homes Medicalized and organizations operating protected apartments;

9.

Child and youth welfare benefits provided by institutions appointed for this purpose;

10.

Benefits closely linked to the promotion of the culture and training of young people provided by public service organisations for the exchange of young people; young people within the meaning of this provision are defined as persons under the age of 25;

11.

The following operations carried out in the field of education and training, excluding catering and accommodation provided in connection with such operations:

A.

Benefits provided in the field of education of children and young people, education, training, continuing education and retraining, including education provided by private teachers or schools Private,

B.

Lectures, conferences and other events of a scientific or didactic nature; the activity of the lecturers is excluded from the field of tax, whether the fees are paid to the lecturers or their employer,

C.

Examinations organised in the field of training,

D.

The provision of organizational services (including related ancillary benefits) than members of an institution carrying out transactions that are excluded from the tax field under the provisions of the Act. A to c provide this institution,

E.

The provision of organisational services (including related ancillary benefits) provided to the services of the Confederation, the cantons and the municipalities which carry out, for consideration or free of charge, excluded operations The tax field under the let. A to c;

12.

The rental of services provided by non-profit religious or philosophical institutions for the purposes of the care of the sick, social assistance and security, the protection of children and youth, education and Training, or for ecclesial, charitable or public purposes;

13.

Benefits that non-profit organizations, pursuing objectives of a political, union, economic, religious, patriotic, philosophical, philanthropic, ecological, sporting, cultural or civic nature, provide to their members, Subject to a statutorily prescribed fee;

14.

The following cultural services benefits, provided that they are provided directly to the public in exchange for a specified counterbenefit:

A.

Theatrical, musical, choreographic and cinematographic events,

B.

Performances of actors, musicians, dancers and other performers as well as forwarts, including address games,

C.

Visits to museums, galleries, monuments, historic sites or botanical and zoological gardens,

D.

Services provided by libraries, archives and other documentation centres, including the possibility of consulting data carriers in their premises; on the other hand, the delivery of goods (including the making available to Third parties) is taxable;

15.

The required counter-benefits for sporting events, including those required of participants (including registration finance), and ancillary benefits included;

16.

The provision of cultural services and the delivery by their creator of works by artists such as writers, composers, filmmakers, artists or sculptors, as well as the services provided by the Publishers and collecting societies for the dissemination of these works;

17.

Operations carried out at events such as charitable sales or flea markets by institutions engaged in activities excluded from the tax field in the field of patient care, aid and security Social, child and youth protection and non-profit-making sport, as well as public aid and home care organizations, nursing homes, safe homes, and organizations that operate Protected apartments, provided that these operations are carried out solely for the purpose of Financial support; operations carried out in brocantes by social security and aid institutions exclusively for their own needs;

18.

Insurance and reinsurance transactions, including transactions relating to the activity of brokers or insurance intermediaries;

19.

The following operations in the areas of money market and capital markets:

A.

The granting and negotiation of appropriations, as well as the management of appropriations by the person who granted them,

B.

The negotiation and management of commitments, suretyships and other security rights and guarantees, as well as the management of credit guarantees by the person who granted them,

C.

Transactions on deposits of funds, current accounts, payments, transfers, claims of money, cheques and other trade effects, including their negotiation; is, by contrast, taxable the recovery of claims on the creditor's mandate (operations Cashing),

D.

Transactions relating to legal means of payment (Swiss and foreign securities such as currency, bank notes or currencies), including their negotiation; and, on the other hand, may be taxed in the collection (banknotes and coins) Which are not normally used as a means of legal payment,

E.

Transactions (cash and forward), including trading in securities, securities and derivatives, as well as shares of companies and other associations, but may be taxed in the custody and management of Securities, securities and derivatives and units (including deposits), including fiduciary investments,

F. ²

The distribution of shares of collective investments within the meaning of s. 3, para. 1, of the Act of 23 June 2006 on Collective Investments (CCPC) ³ , activities within the meaning of s. 3, para. 2, CCPC and the management of collective investments within the meaning of the CCPC by persons who administer or keep them, by the branches of funds, by the depository banks and their agents; are considered to be agents All natural or legal persons to whom such collective investments within the meaning of the CCPC may delegate tasks; the distribution of shares and the administration of fixed-capital investment corporations within the meaning of s. 110 CCPC is governed by the let. E;

20.

The transfer and establishment of real rights in immovable property, as well as the benefits provided by the communities of co-owners on floors to their members, provided that those benefits consist of the making available to them of the Common property for the purpose of use, maintenance, rehabilitation, other management operations or the delivery of heat and like goods;

21.

The making available to third parties, for the purposes of use or enjoyment, of real property or parts thereof;

A.

The rental of apartments and rooms for the accommodation of guests as well as the rental of rooms in the hotel and catering sector,

B.

The rental of campsites,

C.

The rental of park places not in the public domain for parking of vehicles, unless it is an incidental benefit to a rental of real property excluded from the tax field,

D.

The rental and leasing of permanently fixed devices and machines forming an integral part of a non-sporting facility,

E.

The rental of lockers and compartments in strong rooms,

F.

The rental of exhibition and exhibition stand surfaces and the rental of premises for trade fairs or congresses;

22.

The delivery, to the maximum of their face value, of postage stamps with the value of postage on Swiss territory and other official stamps;

23.

Transactions carried out in the field of betting, lotteries and other gambling with money, provided that they are subject to a special tax or other taxes;

24.

The delivery of used moveable goods that have been used only in one of the activities that this section excludes from the tax field;

25.

The benefits provided by the clearing funds between them and the transactions relating to the tasks entrusted to the clearing bodies in accordance with the Federal Act of 20 December 1946 on the old-age and survivors insurance scheme ⁴ Or the compensation funds in respect of family allowances under the applicable law and which are covered by social insurance, social and occupational foresight or vocational training and development;

26.

Sale by farmers, foresters and horticulturalists of agricultural, forestry and horticultural products grown in their own operations, the sale of livestock by livestock merchants and the sale of milk to milk processors By the collection centres;

27.

The provision of public utility organisations to promote the image of third parties and the benefits of third parties to promote the image of organisations of public interest;

28.

Benefits provided in the same public community;

29.

The exercise of arbitration functions.

³ Subject to para. 4, the exclusion of a benefit referred to in para. 2 is determined solely on the basis of its content, irrespective of the qualifications of the provider or the recipient.

⁴ If a benefit under s. 2 is excluded from the tax field on the basis of the qualities of the claimant or the recipient, the exclusion is valid only for benefits provided or received by a person with those qualifications.

⁵ The Federal Council specifies the benefits excluded from the tax field, taking into account the principle of competition neutrality.

¹ Subject to para. 2, the taxable person may subject to tax benefits excluded from the tax field as long as it clearly indicates (option).

² The option is not possible:

A.

For benefits referred to in s. 21, para. 2, c. 18, 19 and 23;

B.

For benefits referred to in s. 21, para. 2, c. 20 and 21, if the recipient uses the object exclusively for private purposes.

¹ The tax on transactions in the Swiss territory shall not be payable on the exempt benefits under this Article.

² Are exempt from tax:

1.

The delivery of goods transported or shipped directly abroad, except for the placing of goods at the disposal of third parties for use or enjoyment;

2.

The placing of goods at the disposal of third parties, for purposes of use or enjoyment (rental and charter in particular), provided that they are transported or dispatched directly abroad and that the consignee of the delivery uses them in such a way as to Preponderant abroad;

3.

The supply of goods which have been proved to have remained under customs supervision on Swiss territory in the context of the transit procedure (Art. 49 LD ¹ ), of the customs warehousing procedure (Art. 50 to 57 LD), from the temporary admission scheme (art. 58 LD) or the inward processing regime (s. 59 LD) or because of their storage in a customs-free deposit (s. 62 to 66 LD);

4.

The movement of goods abroad, by oneself or by a third party, unrelated to delivery;

5.

The transportation or shipment of property in relation to the importation of property and all related benefits to the place to which the property is to be transported after the birth of the tax debt referred to in s. 56; in the absence of tax debt, s. 69 LD applies by analogy to the determination of the reference point;

6.

The transport or shipment of goods in connection with the export of goods in free circulation and all the related benefits;

7.

The provision of transport and ancillary logistical benefits such as loading, unloading, transhipment, registration or storage, abroad or in relation to assets under surveillance Customs;

8.

The delivery of aircraft to airlines that provide transportation and charter flights for commercial purposes and whose operations in the international flights area are higher than those in the traffic The processing, repair and maintenance performed on the aircraft acquired by those airlines in the course of a delivery; the delivery, repair and maintenance of the objects incorporated in those aircraft or objects For the purpose of their operation; the delivery of goods for the supply of such goods Aircraft and the provision of services for the direct needs of these aircraft and their cargo;

9.

The provision of services by an intermediary acting expressly on behalf of and on behalf of a third party, if the benefit that has been the subject of the intermediary is exempt from tax under this article or carried out solely by Where the supply having been the subject of the intermediary is made on both the Swiss territory and abroad, only the part of the intermediary that relates to the foreign operation or the exempt benefit is exempt Tax under this section; and

10.

Services provided by travel agencies and event organisers on their own behalf, to the extent that they use supplies of goods and services provided abroad by third parties Last; where third party benefits are carried out on Swiss territory as well as abroad, only the part of the provision of services of the travel agency or the organiser of events relating to operations to The alien is exempt.

11. ²

The delivery of goods within the meaning of s. 17, para. 1 ^Bis , LD for travellers who take a flight to or from abroad.

³ There is direct export within the meaning of para. 2, c. 1, where the goods subject to the delivery are exported abroad, in an open customs warehouse or in a customs free deposit without having been employed on Swiss territory. When there is a chain operation, direct export extends to all suppliers involved in the transaction. The property that is the subject of the shipment may be shaped or transformed before it is exported by agents of the non-taxable recipient.

⁴ In order to preserve competitive neutrality, the Federal Council can exempt cross-border transport by air, rail and bus from tax.

⁵ The Federal Department of Finance (DFF) lays down the conditions under which the delivery on Swiss territory of goods intended for export in passenger traffic is exempt and defines the required evidence.

¹ The tax is calculated on the effective counterbenefit. The counterperformance includes, in particular, the coverage of all charges, whether billed separately or not, as well as the public interest contributions payable by the taxable person. The s. 2 and 6 are reserved.

² When the benefit is provided to a close person (s. 3, let. H), the counterbenefit is the value that would have been agreed upon by independent third parties.

³ In the case of an exchange, the counter-benefit is the market value of the benefit provided in return.

⁴ When there is a repair with an exchange of goods, the counterbenefit includes only the cost of the work performed.

⁵ When a benefit is made in payment of a debt, the amount of the debt thus extinguished is equivalent to a counterbenefit.

⁶ Do not enter the tax base:

A.

Taxes on entry tickets or transfer fees and the VAT itself due on the performance;

B.

The amounts that the taxable person receives from the recipient of the benefit in repayment of the costs incurred on behalf of and on behalf of the taxable person, provided that they are invoiced separately (neutral positions);

C.

The share of the counterbenefit to the value of the land in the case of a property being disposed of;

D.

Cantonal taxes included in the price of benefits and intended for funds for water supply, waste water treatment or waste management, to the extent that these funds contribute to the institutions which Perform these tasks.

¹ The tax rate is 8 % (normal rate); ¹ Al. 2 and 3 are reserved.

² The reduced rate of 2.5 % is applied: ²

A.

The delivery of the following goods:

1.

Water brought by pipes,

2.

Foodstuffs and additives referred to in the Food Act of 9 October 1992 ³ , excluding tobacco and alcoholic beverages,

3.

Livestock, poultry and fish;

4.

Cereals,

5.

Seeds, tubers and onions to be planted, live plants, cuttings, grafts, cut flowers and twigs, also in bouquets, crowns and similar arrangements; provided that there is a separate billing, the The delivery of these properties is taxable at the reduced rate even if it is made in combination with a taxable benefit at the regular rate,

6.

Food and animal bedding as well as acids for silage,

7.

Fertilisers, plant protection preparations, mulches and other plant cover materials,

8.

Drugs,

9.

Newspapers, magazines, books and other printed matter not in advertising defined by the Federal Council;

B.

Services provided by radio and television companies, with the exception of commercial services;

C.

The operations referred to in s. 21, para. 2, c. 14 to 16;

D.

Benefits in the field of agriculture which consist of working directly either the soil, for the purposes of natural production, or the products derived from the soil.

³ The normal rate is applicable to food supplied as part of the catering services. The provision of foodstuffs shall be regarded as a benefit of the restoration when the taxable person prepares them or serves them in customers or makes available to third parties special installations for their consumption on Place. On the other hand, where foodstuffs are offered in autumates or are intended to be carried or delivered, the reduced rate shall apply if appropriate organisational measures have been taken; this exception shall not Does not apply to tobacco and alcoholic beverages.

⁴ The rate of tax in the accommodation sector (special rate) is set at 3.8 % until 31 December 2017. ⁴ The accommodation sector provides accommodation with breakfast, even if it is charged separately.

⁵ The Federal Council specifies the goods and services under para. 2 taking into account competitive neutrality.

¹ If the recipient of the benefit requests it, the supplier will issue an invoice which meets the requirements of paras. 2 and 3.

² The invoice must clearly identify the provider of the benefit, the recipient of the benefit and the type of benefit provided; as a general rule, the invoice must include:

A. ¹

The name of the provider of the benefit and the locality as they appear in the commercial transactions, the indication that the supplier of the benefit is registered in the register of taxable persons and the number under which the supplier is registered;

B.

The name of the recipient of the benefit and the locality as they appear in the commercial transactions;

C.

The date or period to which the benefit was provided, if not identical to the date of the invoice;

D.

The type, purpose and volume of the benefit;

E.

The amount of the counterpress;

F.

The applicable tax rate and the amount of tax owing on counterpressure; if the tax is included in the counterbenefit, the applicable rate statement is sufficient.

³ If the invoice is issued by a cash register (cash ticket), the recipient of the benefit must not be mentioned when the specified counter-benefit does not exceed an amount set by the Federal Council.

¹ A person who is not registered in the register of taxable persons or who uses the reporting procedure referred to in s. 38 does not have the right to include tax on invoices.

² The person who makes the tax on an invoice without having the right or a rate or an excessive amount of tax is liable to pay the tax, unless it meets one of the following conditions:

A.

It corrects its invoice in accordance with para. 4;

B.

It proves that the Confederation has not suffered any financial damage, which is the case, in particular, where the recipient of the invoice did not deduct the prior tax or that the prior tax deducted was refunded.

³ The legal consequences provided for in para. 2 also apply to rebates if the beneficiary does not contest in writing the amount of tax that is too high.

⁴ The invoice may be corrected later, within the limits permitted by commercial law, by a document which mentions and cancels the original invoice and whose receipt must be certified by the consignee.

¹ Subject to Art. 29 and 33, the taxable person may deduct the following prior taxes in connection with his entrepreneurial activity:

A.

The tax on the transactions in the Swiss territory invoiced to it;

B.

The tax he reported on his acquisitions (s. 45 to 49);

C.

The tax on imports paid or owed whose debt is firm or whose conditional claim has expired, as well as the tax it has declared on its imports (art. 52 and 63).

² A taxable person who has acquired from a farmer, a forester, a horticulturist or a livestock dealer or in a milk collecting centre not subject to agricultural, forestry or horticultural products, livestock or milk that he or she uses in the framework Of its entrepreneurial activity eligible for the deduction of prior tax may deduct, in respect of prior tax, 2.5 % of the amount invoiced to it. ¹

³ A taxable person who, in the course of his entrepreneurial activity giving entitlement to the deduction of prior tax, has acquired an identifiable unencumbered personal furniture of VAT to deliver it to a purchaser on Swiss territory, may proceed to A fictitious deduction of the advance tax on the amount paid by the taxpayer. This amount includes the tax calculated at the applicable rate at the time of acquisition.

⁴ The taxable person can deduct the tax under para. 1 as long as it proves that it has been settled.

¹ The benefits and importation of property affected by the supply of benefits excluded from the tax field are not eligible for the deduction of prior tax if the taxable person has not opted for taxation.

² In derogation from para. 1, acquisition, possession and disposition of interests, as well as restructuring within the meaning of s. 19 or 61 LIFD ¹ Are eligible for the deduction of prior tax in the context of entrepreneurial activity eligible for the deduction of prior tax.

³ Investments are shares of the capital of other corporations that are held as long-term investments and provide a controlling influence. Any share of at least 10 % of the capital is considered to be participating.

⁴ For holding companies, the entrepreneurial activity eligible for the deduction of the prior tax of the undertakings they own may be taken into account.

¹ A taxable person who uses goods, parts of goods or services in part out of his entrepreneurial activity or who, in the course of his entrepreneurial activity, uses them for both benefits eligible for the deduction of Pre-tax and non-qualifying benefits must correct the amount of the advance tax in proportion to the use of the tax.

² If the prior benefit is used predominantly in the context of entrepreneurial activity for benefits eligible for the deduction of prior tax, it may be deducted in its entirety and corrected at the end of the Fiscal period (s. 31).

¹ If the conditions for the deduction of prior tax subsequently cease to be met (self-benefit), the deduction of the advance tax must be corrected at the time these conditions cease to be met. Prior tax deducted previously, including the shares of this tax adjusted as a subsequent rebate, must be refunded.

² In particular, there is a benefit to oneself when the taxable person takes up, on a permanent or temporary basis, goods or services on which or on a part of which he deducted the prior tax on the acquisition of the goods or services Or of their contribution, or acquired in the reporting procedure referred to in s. 38 and meets one of the following conditions:

A.

It uses these goods or services outside its entrepreneurial activity, in particular for its personal needs;

B.

It uses them for an entrepreneurial activity that does not qualify for the deduction of prior art tax. 29, para. 1;

C.

They give them free of charge without any entrepreneurial motive; an entrepreneurial motive is deemed to exist for gifts of a value not exceeding 500 francs per person per year, as well as for advertising gifts and samples given in sight Achieve taxable or exempt sales;

D.

It still has the power to dispose of these goods or services when it ceases to be subject.

³ If the property or the provision of services were used during the period between the receipt of the benefit and the time when the conditions for the deduction of the advance tax have ceased to be met, the amount of the prior tax must be Be corrected to their residual value. To calculate the residual value, the amount of the advance tax is reduced linearly by one-fifth a year for moveable goods and services, and one-twentieth per year for real property. The manner in which depreciation is recorded does not play a role. In substantiated cases, the Federal Council may provide for derogations from the rules on depreciation.

⁴ If a property is used only temporarily out of business activity or for an entrepreneurial activity that does not qualify for the deduction of prior tax, the taxable person must correct the deduction of the prior tax on the basis of the The amount of tax that would result in the lease being charged to an independent third party.

¹ If the conditions for the deduction of the advance income tax are subsequently met (subsequent tax relief), the deduction of prior tax may be deducted from the period of the countdown in which the conditions were met. Filled. Prior tax, including the shares of this tax corrected as a self-benefit, can be deducted if it has not already been taxed.

² If the property or the provision of services were used during the period between the receipt of the benefit or the time of importation and the fulfilment of the conditions for the deduction of prior tax, the amount to be deducted is calculated On their residual value. To calculate the residual value, the amount of the advance tax is reduced linearly by one-fifth a year for moveable goods and services, and one-twentieth per year for real property. The manner in which depreciation is recorded does not play a role. In substantiated cases, the Federal Council may provide for derogations from the rules on depreciation.

³ If a property is used only temporarily for an entrepreneurial activity that qualifies for the deduction of prior tax, the taxable person may, as a prior tax, claim the tax that would otherwise cause the rental to be charged to an independent third party.

¹ Subject to para. 2, amounts that, pursuant to s. 18, para. 2, are not considered to be part of the counterbenefit, do not result in a reduction in the deduction of prior tax.

² The taxable person must reduce the amount of the pre-tax deduction in proportion to the funds under s. 18, para. 2, let. A to c, which he receives.

¹ The AFC is responsible for the determination and collection of the tax on transactions carried out on Swiss territory and on the tax on acquisitions.

² It shall adopt the decisions necessary for a determination and a collection of tax in accordance with the law insofar as these decisions are not expressly reserved for another authority.

³ It shall without delay publish the new practices, except those which have an exclusively internal character.

⁴ The acts of the administration must be carried out without delay.

⁵ The administrative burden imposed on the taxable person by the collection of tax shall not go beyond what is necessary for the purposes of this Act.

¹ The taxable person within the meaning of s. 10 to be announced to the AFC spontaneously and in writing within 30 days of the commencement of its coverage. The AFC communicates to it an axle number, in accordance with the Federal Act of 18 June 2010 on the Business Identification Number ¹ ; this number is recorded. ²

² When the subjugation ends in accordance with s. 14, para. 2, the taxable person must announce it in writing to the AFC within 30 days after the end of the entrepreneurial activity, but no later than the end of the liquidation procedure.

³ The person who is subject only to the tax on acquisitions (s. 45, para. 2) shall notify the AFC in writing within 60 days after the end of the calendar year in which the conditions of the liability are met and at the same time declare its acquisitions.

¹ In order to fulfil its procedural obligations, a taxable person who has neither a domicile nor a seat on Swiss territory means a representative who has his domicile or his seat on Swiss territory.

² In case of group taxation (art. 13), the tax group designates, in order to fulfil its procedural obligations, a representative who has his domicile or seat on the territory of the Confederation.

³ The designation of a representative under paras. 1 and 2 does not establish a permanent establishment within the meaning of the provisions on direct taxes.

¹ The taxable person must make the AFC aware of the facts which may have a decisive influence on the determination of liability or the calculation of the tax and provide it with the necessary documents.

² The protection of professional secrecy laid down in the law is reserved. Professional secrecy holders have the obligation to present their books and relevant documents; they may mask the names and addresses of customers or replace them with codes, but the name of the locality must be legible. In case of doubt, the President of the competent court of the Federal Administrative Tribunal, at the request of the AFC or the taxable person, shall designate neutral experts as the supervisory body.

The AFC shall provide within a reasonable period of time the taxable person who requests in writing to be informed of the VAT consequences of a specific situation described precisely. The information given is binding on the taxable person who made the question and for the CBSA; it cannot relate to any other situation.

¹ The taxable person must keep his books and records in accordance with the principles of commercial law. The AFC may exceptionally lay down obligations that go beyond the provisions of commercial law if these constraints are essential to a proper collection of tax.

² The taxable person must duly keep his books of account, supporting documents, business papers and other relevant documents until the expiry of the absolute prescription of the tax debt (art. 42, para. 6). Art. 958 F The code of obligations ¹ Is reserved. ²

³ The business documents required to calculate the self-benefits or the amount of the subsequent tax relief on real property must be retained for 20 years (s. 31, para. 3, and 32, para. 2).

⁴ The Federal Council shall rule on the conditions to which the documents necessary for the performance of the tax under this Law may be transmitted and kept without paper support.

¹ The taxable person is required to spontaneously remit the tax claim to the AFC, in the prescribed form, within 60 days after the expiration of the counting period.

² If the liability is terminated, the time limit begins to run from that time.

¹ A taxable person who finds errors in his accounts at the time of the preparation of his annual accounts must correct them at the latest in the count for the period during which the 180 ^E The day after the end of the fiscal period.

² The taxable person is required to later correct the errors discovered in the accounts of the preceding tax periods provided that the claims for those tax periods are not entered into force or prescribed.

³ Subsequent corrections of the accounts shall be in the form prescribed by the AFC.

⁴ If the count presents systematic errors that are difficult to identify, the AFC may grant facilities to the taxable person in accordance with s. 80.

¹ At the request of the AFC, the third parties referred to in para. 2 are required to:

A.

Providing free of charge the information necessary to determine the liability or calculation of the tax debt of a taxable person;

B.

Give it free access to books of account, supporting documents, business papers and other documents, to the extent that the necessary information cannot be obtained from the taxable person.

² Are required to provide information to third parties:

A.

Who may be taxable persons;

B.

Who are liable for the payment of the tax solidarily with or in place of the taxable person;

C.

Who received or performed benefits;

D.

Have a controlling interest in a company subject to group taxation.

³ The protection of professional secrecy laid down in the law is reserved.

¹ A person who is responsible for the performance of this Act or participates in the performance of this Act shall, in respect of other official services and third parties, be required to keep the facts of the act of which he is aware in the performance of his duties and to refuse Consultation of official documents.

² The obligation to keep secrecy does not apply to:

A.

In cases of mutual administrative assistance referred to in Art. 75 or the obligation to report a punishable act;

B.

Judicial or administrative bodies, where the DFF has authorized the authority responsible for the execution of this Act to give information;

C.

In the case of a particular case, the authorities responsible for the prosecution of debts and bankruptcies, or where there is a denunciation of offences committed in the pursuit of debts or bankruptcies that are detrimental to the CBSA;

D. ¹

The following information contained in the register of taxable persons: the number under which the taxable person is registered, address and economic activity, the beginning and the end of the liability.

¹ The tax authorities of the Confederation, the cantons, the districts, the districts and the municipalities shall assist in the performance of their tasks; they shall, free of charge, make appropriate communications, Necessary information and allow for the consultation of files.

² Federal administrative authorities and autonomous federal institutions and undertakings, as well as all authorities other than those referred to in para. 1 has an obligation to inform the AFC if the information requested may affect the performance of this Act or the recovery of the tax; the information shall be provided free of charge. Documents must be provided free of charge to the AFC if requested.

³ Information may be withheld only if the defence of important public interests so requires or if it appears that the information would significantly impede the authority requested in the performance of its task. Postal secrecy and the secrecy of telecommunications must be safeguarded.

⁴ The Federal Council is aware of disputes concerning the obligation to provide information to the federal administrative authorities. The Federal Court has disputes concerning the obligation to inform the authorities of the cantons, districts, boroughs and municipalities (art. 120 of the Act of 17 June 2005 on the Federal Court ¹ ) If the cantonal government rejected the request for information.

⁵ In carrying out these tasks, organisations responsible for public law tasks have the same obligation to inform as the authorities; para. 4 shall apply mutatis mutandis.

¹ The AFC may, within the limits of its powers, grant to foreign authorities, at their request, the administrative assistance necessary for the performance of their tasks, in particular to ensure the correct application of the law on tax On the added value and in order to prevent, discover and prosecute infringements of this legislation, if provided for by an international treaty.

² It shall carry out administrative assistance pursuant to Art. 115 A To 115 I LD ² .

¹ The AFC is authorized to process the data and information necessary for the determination and collection of tax, including data relating to prosecution and administrative or criminal sanctions. It manages the files as well as the means of processing and storing the necessary data.

² The Federal Council shall lay down the provisions relating to the organisation, processing and storage of data and information, in particular those which regulate the data to be entered, access to data, processing authorisations, duration Data retention, erasure and protection against unwanted modification.

³ The AFC may authorize persons responsible for the determination and collection of VAT within the AFD to consult online the data and information they need. The provisions governing the obligation to maintain secrecy and mutual administrative assistance (art. 74 and 75) are applicable.

⁴ Documents kept under this provision shall be assimilated to originals.

The AFC verifies that the taxable persons have complied with the obligation to announce themselves, that they have stopped their accounts and that they have paid tax.

¹ The AFC may carry out checks with the taxable persons to the extent necessary for the establishment of the facts. To this end, taxable persons must give them access to their accounts and to the supporting documents relating thereto. This obligation also applies to third parties who are required to provide information under s. 73, para. 2.

² The requisition of all parts of the taxable person shall be assimilated to a control.

³ The control must be announced in writing. The AFC may exceptionally refrain from announcing it if circumstances warrant.

⁴ The taxable person may require control on the basis of a reasoned request. This control shall be carried out within two years of the filing of the application.

⁵ The control is closed within a period of 360 days with an estimate notification, which specifies the amount of the tax claim for the period under review.

⁶ The findings concerning third parties that are made in a review conducted under paras. 1 to 4 from a bank or savings bank within the meaning of the Bank Act of 8 November 1934 on banks ¹ , with the Swiss National Bank, at a station for the issuance of letters of pledge, a trader of securities within the meaning of the Law of 24 March 1995 on grants ² Financial market infrastructure within the meaning of the Financial Markets Infrastructure Act of 19 June 2015 ³ Be used only in the context of the application of this Act. The professional secrecy provided for in the Bank Act, the Bursary Act and the Financial Market Infrastructure Act must be respected. ⁴

¹ If the accounting records are missing or incomplete or the results presented by the taxable person clearly do not correspond to reality, the AFC proceeds, within its discretion, to a taxation by estimate.

² The revenue claim is established by an estimate notification.

If the exact determination of essential facts for the calculation of tax results in an undue burden on the taxable person, the AFC grants it facilities and allows it to calculate the tax by means of an approximation, provided that there is no decrease or A significant increase in the amount of tax and no significant distortion of competition, and this does not unduly complicate the accounts of other taxable persons or tax controls.

¹ The Federal Act of 20 December 1968 on Administrative Procedure ¹ Is applicable to the exclusion of s. 2, para. 1.

² The authorities shall automatically establish the relevant facts.

³ The principle of free assessment of evidence is applicable. Acceptance of evidence must not depend exclusively on the presentation of specific evidence.

¹ The AFC shall, ex officio or at the request of the taxable person, make all the decisions necessary for the collection of tax, in particular in the following cases:

A.

The existence or extent of the subjugation is disputed;

B.

The entry in the register of taxable persons or the cancellation is contested;

C.

The existence or extent of the tax claim, joint and several liability or the right to reimbursement of tax amounts is disputed;

D.

The taxable person or persons jointly and severally liable do not pay the tax;

E.

Other obligations based on this Act or enforcement orders are challenged or not complied with;

F.

The authority determines in a case of a preventive nature the liability, the tax claim, the basis of calculation, the applicable rate or the joint liability, as a result of a request or because the measure is necessary.

² Decisions shall be notified in writing to the taxable person. They must be properly reasoned and indicate the means of appeal.

¹ The decisions of the AFC may be the subject of a complaint within 30 days of notification.

² The claim must be made in writing to the AFC. It shall indicate the findings, grounds and evidence and shall bear the signature of the claimant or his agent. The latter must justify its powers of representation by producing a written power of attorney. The means of proof must be specified in the notice of appeal and annexed to it.

³ If the claim does not meet these conditions or the findings or reasons do not have the required clarity, the AFC will provide the claimant with an additional short period of time to regularize his claim. It shall inform the Court that, if it does not make use of this possibility within the time limit, it shall act on the basis of the file or that, if the finding, the reasons, the signature or the power of attorney are missing, it will declare the complaint inadmissible.

⁴ If the claim is filed against a decision of the AFC motivated in detail, it shall be forwarded to the Federal Administrative Tribunal as an appeal, at the request of the complainant or with his consent.

⁵ The procedure shall be continued, notwithstanding the withdrawal of the complaint, if there is evidence to suggest that the contested decision is not in conformity with the law.

¹ As a general rule, the decision-making procedure and the complaint procedure do not give rise to charges. No compensation shall be awarded to the parties.

² Whatever the outcome of the proceedings, the costs of the proceedings may be borne by the person or authority who caused them by his or her fault.

The review, interpretation and correction of valuation notifications, decisions and decisions on complaints made by the AFC are governed by the s. 66-69 of the Act of 20 December 1968 on administrative procedure ¹ .

¹ The taxable person must pay the tax debt incurred during a period of accounting within 60 days after the end of that period.

² If the taxable person makes no payment or pays a manifestly too low amount, the AFC incurs after summing a prosecution to recover the amount provisionally due for the period concerned. If the taxable person does not establish a count or establishes a clearly incomplete count, the AFC determines, within the limits of its discretion, the amount provisionally due.

³ The opposition filed by the taxable person leads to the opening of the release procedure. The lifting of the opposition falls within the competence of the AFC in the context of a decision-making procedure and a complaint procedure.

⁴ The decision on the objection may be made to the AFC within ten days of its notification. Subject to para. 5, the decision on complaint is final.

⁵ If the AFC has determined the amount provisionally due on the basis of its discretion under para. 2, the decision on complaint may be appealed to the Federal Administrative Court. This remedy shall not have suspensory effect, unless the court orders it following a justified request. The Federal Administrative Court shall act as a last resort.

⁶ Art. 85 A The Federal Act of April 11, 1889 on the Prosecution of Debts and Bankruptcy (LP) ¹ Is not applicable.

⁷ The recovery of an amount of tax under para. 2 does not affect the fixing of the final tax debt, governed by s. 72, 78 and 82.

⁸ The taxable person may provide security in the sense of s. 93, para. 7, instead of paying tax.

⁹ Upon receipt of payment or security, the AFC withdraws the continuation.

¹ In the event of a delay in paying the tax, a moratorium is payable without warning.

² No interest in moratoria is payable if the subsequent perception is the result of an error which would have caused no financial damage to the Confederation if it had been dealt with properly.

¹ If the tax count shows a surplus in favour of the taxable person, the excess is refunded.

² Are reserved:

A.

Compensation for the surplus with tax debts resulting from imports, even if these debts are not yet payable;

B.

The assignment of surplus to the creation of security rights under s. 94, para. 1;

C.

The allocation of the surplus to the offsetting of claims between federal services.

³ The taxable person may request the return of an amount of tax not due as long as the tax claim is not the subject of a decision entered into force.

⁴ If the refund of the surplus under para. 1 or restitution according to para. 3 takes place more than 60 days after the receipt by the AFC of the recount or the application for restitution, a remunerative interest shall be paid out of the 61 ^E Day and up to the payment.

¹ If the tax, interest, fees or fines are not paid, the AFC shall prosecute and take the necessary measures provided for in civil law and the right of enforced execution.

² If a tax claim or a fine fixed by a decision not yet entered into force is disputed, the AFC renders a decision. The final collocation takes place only when this decision has entered into force.

³ In opposition, the taxable person opens the release process. The release of the objection is the responsibility of the AFC.

⁴ Decisions and decisions on the CFSC's claim for tax, interest, fees or fines are deemed to be binding judgments in accordance with s. 80 LP ¹ .

⁵ The tax claim exists regardless of whether it is produced in an official inventory or in an appeal to creditors.

⁶ The amounts of tax, if any, in the course of a forced execution procedure are costs of implementation.

⁷ When warranted, the AFC may waive the right to recover tax if the introduction of a lawsuit has no chance of success.

¹ If the payment of tax, interest and costs within the time limit is particularly consequential to the taxable person, the AFC may extend the payment period or authorize a staggered payment.

² The AFC may make payment facilities conditional on the establishment of adequate security rights.

³ The payment facilities granted shall be cancelled if the circumstances which justified their grant have disappeared or the conditions to which they are subordinated are not fulfilled.

⁴ The filing of a request for payment facilities shall not suspend the enforcement procedure.

¹ The right to demand payment of the revenue claim, interest and costs shall be limited to five years from the date of entry into force of the claim.

² The limitation period is suspended until the debtor can be prosecuted in the territory of the Confederation.

³ The limitation period shall be interrupted by any action for recovery, suspension on the part of the AFC and any act by the taxable person tending to exercise his right.

⁴ The interruption and suspension of the requirement shall have effect in respect of all debtors.

⁵ The right to demand payment of tax is prescribed in all cases by ten years from the end of the year in which it is entered into force.

⁶ Where a tax claim is the subject of an act of default of property, the limitation of the right to charge the payment of the tax is governed by the FA ¹ .

¹ The AFC may grant, in the following cases, the total or partial remission of a tax fixed and entered into force:

A.

The taxable person has failed, for a reason excusable, to charge and redeem the tax, the subsequent transfer of tax is not possible or cannot reasonably be required of him and it appears that the payment of the tax would result in Very heavy consequences;

B.

The taxable person is liable for tax only because he has not met formal requirements or has made errors for organizational reasons and it is obvious-or the taxable person can prove-that the Confederation is not subject to any Financial harm;

C.

The taxable person found himself, for excusable reasons, unable to meet his obligations but could later prove or credibly establish that the taxation by way of an estimate of the AFC was too high; the remission of tax May be granted only up to the amount of the overpayment.

² As part of a judicial process, the AFC may also grant a remission of tax or waive the requirement for security rights in respect of its claim.

³ The application for remission of tax must be addressed to the CBSA; it must be reasoned in writing and must include the necessary evidence. No claim can be filed against the AFC decision. This decision may be appealed to the Federal Administrative Tribunal.

⁴ The filing of an application for remission of tax does not prevent the collection of a tax fixed and entered into force.

⁵ The tax remittance procedure is free of charge. However, all or part of the costs may be borne by the applicant if he has filed a manifestly unfounded application.

⁶ The Federal Council specifies the conditions and procedure for the remission of tax.

¹ The AFC may request, in the following cases, security interests in respect of tax, interest or costs, even when they are not fixed and entered into force or payable:

A.

Recovery in time appears to be under threat;

B.

The debtor makes arrangements to abandon his domicile, seat or permanent establishment on the territory of the Confederation, or to be removed from the Swiss trade register;

C.

The debtor is in default;

D.

The taxable person takes up all or part of a business that has gone bankrupt;

E.

The taxable person presents an account with amounts that are manifestly lower than the reality.

² If the taxable person waives to be released from subjugation (s. 11) or if he opts for the taxation of benefits excluded from the tax field (art. 22), the AFC may require that it provide security in accordance with para. 7.

³ The application for security rights must indicate the legal ground of the guarantee, the amount requested and the institution to which the guarantee is to be filed; it is considered to be a receiver order within the meaning of s. 274 LP ¹ No claim may be filed against the security application.

⁴ The application for security may be appealed to the Federal Administrative Tribunal.

⁵ The appeal against applications for security rights has no suspensive effect.

⁶ The notification of the decision on the tax claim shall be open for action within the meaning of Art. 279 LP. The period of introduction of the prosecution runs from the entry into force of the decision on the tax debt.

⁷ Security rights must be provided in the form of cash deposits, solvent bonds, bank guarantees, mortgage bonds or mortgages, life insurance policies with a commuted value, bonds Listed, denominated in French francs, Swiss debtors, or cash bonds issued by Swiss banks.

¹ A surplus resulting from the tax countdown in favour of the taxable person may be used for the following purposes:

A.

To offset tax debts arising from previous tax periods;

B.

To offset future tax debts, if the taxable person is late in paying the tax or if the tax claim appears threatened for other reasons; the amount credited is credited with interest at the rate of interest paid For the period from 61 ^E The day after the receipt of the tax count by the AFC until the time of clearing;

C.

To compensate for a security right required by the AFC.

² If the taxable person does not have a domicile or a seat on the territory of the Confederation, the AFC may also request the deposit of security rights under Art. 93, para. 7, to guarantee future tax debts.

³ In the event of a repeated delay in the payment of tax, the AFC may require the taxable person to make instalment payments every month or twice a month.

A legal person or a permanent establishment of a foreign company may not be removed from the Swiss trade register until the AFC has notified the Office of the relevant trade register that the taxes owing are paid or guaranteed.

¹ The Federal Council:

A.

Rule on the relief of VAT for beneficiaries within the meaning of Art. 2 of the Act of 22 June 2007 on the Host State ¹ Who are not subject to the Act;

B.

Defines the conditions to which the tax on the benefits provided in Swiss territory and the tax on imports may be refunded to the purchaser who has his domicile or registered office in a foreign country, insofar as that country Grant reciprocity; the requirements applicable to the deduction of prior tax must be basically the same as those required by persons subject to Swiss territory.

² The Federal Council may make provisions derogating from this Law in respect of the taxation of operations and the importation of gold and fine gold coins.

³ The Federal Council shall issue the implementing provisions.

The DFF:

A.

Sets the rates of interest rates and remunerative interest, taking into account market rates; it adapts them periodically;

B.

Identifies cases in which the interest moratorium is not perceived;

C.

Determines the limit to which the marginal amounts of interest are not collected and the marginal amounts of interest paid are not paid.

¹ The Federal Council can set up an advisory body made up of representatives of taxable persons, cantons, scientific circles, tax specialists, consumers and the federal government.

² The advisory body reviews the revisions to this Act and its implementing provisions, as well as practices with regard to their implications for taxable persons and the economy.

³ It takes a position on revision projects and can make recommendations on its own initiative.

Federal Law of 2 September 1999 governing Value Added Tax (VAT) ¹ Is repealed.

... ¹

¹ Subject to Art. 113, the provisions of the former right and their implementing provisions shall apply to all legal acts and reports having arisen before their repeal. Prescribing is always governed by s. 49 and 50 of the former right.

² The former right applies to benefits provided prior to the coming into force of this Act and to importations of property for which the import tax debt was incurred prior to the coming into force of this Act.

³ Benefits provided in part before the entry into force of this Law shall be taxed in accordance with the former law for that Party. Benefits provided in part after the entry into force of this Law shall be taxed in accordance with the new law for that Party.

¹ To determine whether the conditions for the release of s. 10, para. 2, shall be complied with on the entry into force of this Law, the new right shall be applied to transactions taxable under this Law and carried out within the preceding twelve months.

² The provisions on the subsequent relief of the prior art tax. 32 also apply to benefits for which the right to deduct prior tax did not exist before the coming into force of this Act.

³ Art. 91 except that the new procedural right shall apply to all proceedings pending before the entry into force of this Law.

¹ Upon the coming into force of this Act, taxable persons may exercise their options again. To the extent that these options are to be exercised within a specified period of time, this period shall begin to run on the day on which this Act comes into force.

² If the taxable person does not speak within 90 days after the coming into force of this Act on the options available to him, he shall be presumed to retain the option he had chosen, provided that the law allows him to do so.

¹ In the event of a change in the tax rates, the transitional provisions shall apply mutatis mutandis. The Federal Council shall make appropriate changes to the limit values laid down in Art. 37, para. 1.

² For the reporting of tax amounts at the old rates, long enough time frames, defined according to the nature of the contracts for the delivery of goods and services, will have to be given to taxpayers.

¹ This Law shall be subject to referendum ¹ .

² In the absence of a referendum, it shall enter into force on 1 ^Er January 2010. The Federal Council fixes the date of entry into force of s. 34, para. 3, and 78, para. 4. ²

³ In the event of a referendum and acceptance of the law by the people, the Federal Council shall fix the date of entry into force.