Ordinance
on Value Added Tax
(Value Added Tax Ordinance, VAT Ordinance)

(Art. 37 para. 1–4 VAT Act)

1 The tax­able per­son is per­mit­ted to use two net tax rates if:

a.

it car­ries on two or more busi­ness activ­it­ies for which the net tax rates laid down by the FTA dif­fer; and

b.⁶⁷

at least two of these busi­ness activ­it­ies each has a share of more than 10 per cent of the total turnover from tax­able sup­plies.

2 The 10 per cent threshold is cal­cu­lated:

a.

for per­sons who be­come newly tax­able and for tax­able per­sons who take up a new busi­ness activ­ity: based on the ex­pec­ted turnovers;

b.

for the oth­er tax­able per­sons: based on the turnover of the two pre­ced­ing tax peri­ods.

3 The turnovers of busi­ness activ­it­ies with the same net tax rate must be ac­cu­mu­lated in in­vest­ig­at­ing wheth­er the 10 per cent threshold is ex­ceeded.

4 In the case of a tax­able per­son who has been per­mit­ted the use of two net tax rates, if only one or more busi­ness activ­it­ies for which the same net tax rate is provided ex­ceed the 10 per cent threshold dur­ing two con­sec­ut­ive tax peri­ods, the ap­prov­al for the use of the second net tax rate lapses at the be­gin­ning of the third tax peri­od.