Art. 42 Prescription of the right to establish the tax
1 The right to establish a tax claim prescribes five years from the end of the tax period in which the tax claim was established. 2 This prescriptive period is interrupted by a written declaration requiring confirmation of receipt that is aimed at establishing or correcting the tax claim, a ruling, a decision on an objection, or a judgment. A corresponding interruption of the prescriptive period may also be achieved by the announcement of an audit under Article 78 paragraph 3 or the commencement of an unannounced audit. 3 If the prescriptive period is interrupted by the FTA or an appeal body, the prescriptive period begins to run again. It then runs for two years. 4 The prescriptive period shall be suspended for as long as proceedings under this Act relating to tax offences are being conducted in respect of the relevant tax period and the person liable for payment has been notified (Art. 104 para. 4). 5 Interruption and suspension are effective towards all persons liable for payment. 6 The right to establish the tax claim in any case prescribes 10 years from the end of the tax period in which the tax claim arose. |