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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. 9aExemption 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).