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Federal Act on Value Added Tax

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 59 Right to refund of the tax and prescription

1Where ex­cess taxes have been im­posed or taxes are not due, there is a right to a re­fund.

2Not re­fun­ded are ex­cess taxes im­posed, taxes not due and taxes no longer due as a res­ult of a sub­sequent as­sess­ment of the goods un­der Art­icles 34 and 51 para­graph 3 CustA1 or be­cause of their re-ex­port un­der Art­icles 49 para­graph 4, 51 para­graph 3, 58 para­graph 3 and 59 para­graph 4 CustA if the im­port­er is re­gistered on Swiss ter­rit­ory as a tax­able per­son and may de­duct the tax pay­able or paid to the FCA as in­put tax un­der Art­icle 28.

3The right pre­scribes five years from the end of the cal­en­dar year in which it was con­sti­tuted.

4The pre­script­ive peri­od is in­ter­rup­ted if the right is en­forced against the FCA.

5It is sus­pen­ded for as long as ap­peal pro­ceed­ings in re­spect of the en­force­ment of the right are pending.

6The right to a re­fund of ex­cess taxes im­posed or taxes not due in any event pre­scribes 15 years from the end of the cal­en­dar year in which it was con­sti­tuted.


1 SR 631.0