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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. 9a Exemption and termination of the exemption from tax liability for foreign businesses 11

(Art. 10 para. 2 let. a and c and 14 para. 1 let. b and 3 VAT Act)

1 Busi­nesses that do not have a place of busi­ness, dom­i­cile or per­man­ent es­tab­lish­ment on Swiss ter­rit­ory that make a sup­ply for the first time on Swiss ter­rit­ory are ex­empt from tax li­ab­il­ity if at the time, based on the cir­cum­stances, it must be as­sumed that the turnover threshold re­ferred to in Art­icle 10 para­graph 2 let­ter a or c VAT Act for sup­plies made on Swiss ter­rit­ory and abroad not will be achieved with­in the fol­low­ing twelve months. If it is not yet pos­sible at the time to as­sess wheth­er the turnover threshold will be achieved, a re-as­sess­ment must be car­ried out with­in three months at the latest.

2 Where it must be as­sumed based on the re-as­sess­ment that the turnover threshold will be achieved, the ex­emp­tion from tax li­ab­il­ity ends either:

a.
when a sup­ply is made for the first time on Swiss ter­rit­ory; or
b.
on the date of the re-as­sess­ment, but at the latest at the be­gin­ning of the fourth month.

3 For busi­nesses pre­vi­ously ex­empt from tax li­ab­il­ity, the ex­emp­tion from tax li­ab­il­ity ends with the busi­ness year in which the rel­ev­ant turnover threshold is achieved. If the activ­ity giv­ing rise to tax li­ab­il­ity was not car­ried on for a full year, the turnover must be ex­tra­pol­ated to a full year.

11 In­ser­ted by No I of the O of 12 Nov. 2014 (AS 2014 3847). Amended by No I of the O of 18 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 6307).