Art. 23 Supplies exempt from the tax
1 If a supply is exempt from the tax under this article, domestic tax is not payable on the supply. 2 Exempt from the tax are: - 1.
- the supply of goods, unless provided for use or exploitation, that are transported or dispatched directly abroad;
- 2.69
- the provision for use or exploitation, in particular the leasing or chartering of goods, provided the goods are predominantly used abroad by the recipient of the supply itself;
- 3.70
- the supply of goods that were demonstrably subject to customs control on Swiss territory in connection with a transit procedure (Art. 49 CustA71), a customs warehousing procedure (Art. 50–57 CustA), a temporary admission procedure (Art. 58 CustA), or inward processing procedure (Art. 59 CustA), provided the procedure was concluded in the proper manner or with subsequent approval from the Federal Office for Customs and Border Security (FOCBS);
- 3bis.72
- the supply of goods which because of storage in a bonded warehouse (Art. 62–66 CustA) were demonstrably subject to customs control on Swiss territory and which have not retrospectively lost this customs status;
- 4.
- the movement or arranging for the movement of goods abroad for reasons unrelated to a supply of goods;
- 5.
- the transport or dispatch of goods in connection with the import of goods and all related supplies as far as the destination to which the goods are to be transported at the time the tax debt is incurred under Article 56; if no tax debt is incurred, the decisive time is governed by Article 69 CustA by analogy;
- 6.
- the transport or dispatch of goods and all related supplies in connection with the export of goods released for free circulation under customs law;
- 7.73
- transport services and ancillary logistic activities, such as loading, unloading, trans-shipment, clearing or temporary warehousing:
- a.
- in which the place of supply of the service under Article 8 paragraph 1 is on Swiss territory, although the service itself is exclusively supplied abroad, or
- b.
- which are supplied in connection with goods subject to customs control;
- 8.
- the supply of aircraft to airlines that carry on air transport and charter business commercially and whose turnovers from international flights exceed those from domestic traffic; the refurbishment, maintenance and servicing of aircraft which airlines have acquired as part of a supply of goods; the supply, maintenance and servicing of goods built into these aircraft or of goods for their operation; the supply of goods for the maintenance of these aircraft and services that are destined for the immediate needs of these aircraft and their loads;
- 9.
- the services of intermediaries acting expressly in the name of and for account of others, provided the brokered supply is either exempt from the tax under this article or is effected exclusively abroad; if the brokered supply is effected both on Swiss territory and abroad, that part of the brokerage that relates to supplies abroad or supplies that are exempt from the tax under this article is exempt from the tax;
- 10.
- the supply of services in their own name by travel agents and organisers of events, to the extent they make use of supplies of goods and services by third parties that are provided abroad; if these supplies by third parties are provided both on Swiss territory and abroad, only that part of the service of the travel agent or of the organiser that relates to supplies abroad is exempt from the tax;
- 11.74
- the supply of goods under Article 17 paragraph 1bis CustA to persons departing abroad or arriving from abroad by air.
- 12.75
- Turnover generated by gold and alloys of gold of the following form:
- a.
- government minted gold coins under tariff headings 7118.9010, 9705.3100 and 9705.390076,
- b.
- gold for investment purposes with a minimum standard of fineness of 995 thousandths, in the form of:
- -
- cast ingots bearing an indication of fineness and the mark of a recognised assayer-melter, or
- -
- stamped slabs bearing an indication of fineness and the hallmark of a recognised assayer-smelter or a responsibility mark registered in Switzerland,
- c.
- gold in the form of granules with a minimum fineness of 995 thousandths, packed and sealed by a recognised assayer-melter,
- d.
- gold in unwrought form or in the form of semi-finished products intended for refining or recovery, and gold in the form of waste and scrap,
- e.
- alloys of gold referred to in letter d, provided they contain two per cent or more by weight of gold or, if they contain platinum, more gold than platinum;
- 13.77
- the supply of goods by a seller facilitated by means of a digital platform, provided that the person who facilitated the supply of goods is deemed to be a supplier under Article 20aand is entered in the register of taxable persons.
3 A direct export under paragraph 2 number 1 is constituted if the good supplied is exported abroad or to an open customs warehouse or bonded warehouse without being used on Swiss territory. In serial transactions, the direct export extends to all suppliers involved. The good supplied may, prior to export, be processed or finished by agents of the non-taxable customer. 4 The Federal Council may, in order to safeguard competitive neutrality, exempt transport in cross-border air, rail or bus traffic from the tax. 5 The Federal Department of Finance (FDF) shall regulate the conditions by which domestic supplies of goods to foreign tourists are exempt from the tax if being exported by these tourists and shall specify the evidence required. Proof may be provided in electronic form.78
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