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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. 86 Payment of the tax

1The tax­able per­son must settle the tax claim that arose in the re­port­ing peri­od with­in 60 days of the end of that peri­od.

2If the tax­able per­son makes no pay­ment or a pay­ment that is ob­vi­ously in­suf­fi­cient, the FTA, after is­su­ing a re­mind­er, shall seek to en­force its claim for the tax amount pro­vi­sion­ally pay­able for the re­port­ing peri­od in ques­tion. If no re­turn has been filed for the tax­able per­son or the re­turn is ob­vi­ously in­ad­equate, the FTA shall first make an as­sess­ment ac­cord­ing to its best judge­ment of the tax amount pro­vi­sion­ally pay­able.

3By fil­ing his op­pos­i­tion, the tax­able per­son in­stig­ates the pro­ced­ure to have his op­pos­i­tion set aside. The FTA is re­spons­ible for set­ting aside the op­pos­i­tion in the rul­ing and ap­peal pro­ced­ure.

4The rul­ing on the op­pos­i­tion may be con­tested by fil­ing an ob­jec­tion with the FTA with­in 10 days of it be­ing is­sued. The ob­jec­tion de­cision is fi­nal, sub­ject to para­graph 5.

5If the tax amount pro­vi­sion­ally pay­able that is the sub­ject of the en­force­ment pro­ceed­ings is the res­ult of an as­sess­ment made by the FTA ac­cord­ing to its best judge­ment, an ap­peal may be filed in the Fed­er­al Ad­min­is­trat­ive Court against the ob­jec­tion de­cision. The ap­peal has no sus­pens­ive ef­fect, un­less the court so or­ders on jus­ti­fied ap­plic­a­tion. The Fed­er­al Ad­min­is­trat­ive Court makes the fi­nal de­cision.

6Art­icle 85a of the Fed­er­al Act of 11 April 18891 on Debt Col­lec­tion and Bank­ruptcy (DCBA) does not ap­ply.

7The col­lec­tion of a tax amount un­der para­graph 2 does not af­fect the fi­nal tax claim un­der Art­icles 72, 78 and 82 from be­ing es­tab­lished. If the tax claim can­not be es­tab­lished due to a fail­ure of the tax­able per­son to act, in par­tic­u­lar be­cause he fails to cor­rect er­rors un­der Art­icle 72 or to re­quest a rul­ing un­der Art­icle 82, on the pre­scrip­tion of the right to es­tab­lish the tax, the tax amounts es­tab­lished by the FTA un­der para­graph 2 be­come the tax claim.2

8In­stead of a pay­ment of the tax amount, the tax­able per­son may provide se­cur­ity in ac­cord­ance with to Art­icle 93 para­graph 7.

9Im­me­di­ately after re­ceipt of the pay­ment or the se­cur­ity, the FTA shall with­draw its debt en­force­ment claim.


1 SR 281.1
2 Amended by No I of the FA of 30 Sept. 2016, in force since 1 Jan. 2018 (AS 2017 3575; BBl 2015 2615).