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Ordinance on Value Added Tax (Value Added Tax Ordinance, VAT Ordinance)
of 27 November 2009 (Status as of 1 January 2023)
Art. 89Special rule for mixed branches of the industry
(Art. 37 para. 1–4 VAT Act)
1 Mixed branches of the industry are branches of the industry in which several business activities are normally carried on which, if considered separately, would be reported using different net tax rates.
2 The FTA shall lay down in an ordinance:
a.
the net tax rate applicable to each mixed branch of the industry;
b.
the usual main and ancillary business activities in the mixed branch of the industry.
3 Articles 86–88 apply to reporting using net tax rates if the share of one or more business activities usually ancillary to a branch of the industry for which under the FTA’s ordinance the same net tax rate would apply exceed 50 per cent of the turnover of the taxable main business and the taxable business usually ancillary to an industry.69
4 The 50 per cent threshold is calculated:
a.
for persons who become newly taxable and for taxable persons, who take up a new business: based on the expected turnovers;
b.
for the other taxable persons: based on the turnover in the two preceding tax periods.
5 If a taxable person who operates in a mixed branch of the industry also carries on business activities that are alien to the branch of the industry, reporting using net tax rates for these business activities is governed by Articles 86–88.
69 Amended by No I of the O of 18 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 6307).