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

Art. 79 Change from the effective reporting method to the net tax rate method

(Art. 37 para. 1–4 VAT Act)

1 Tax­able per­sons who wish to change from the ef­fect­ive re­port­ing meth­od to the net tax rate meth­od must no­ti­fy the FTA in writ­ing at the latest 60 days after the be­gin­ning of the tax peri­od from which the change is to be made. If the no­ti­fic­a­tion is late, the change is ef­fect­ive for the be­gin­ning of the sub­sequent tax peri­od.

2 The FTA shall ap­prove the use of the net tax rate meth­od if in the pri­or tax peri­od neither of the thresholds in Art­icle 37 para­graph 1 VAT Act was ex­ceeded.

3 On chan­ging from the ef­fect­ive re­port­ing meth­od to the net tax rate meth­od, no cor­rec­tions or changes shall be made to the stock of goods, the op­er­at­ing ma­ter­i­al and the fixed as­sets.The fore­go­ing does not ap­ply to a cor­rec­tion un­der Art­icle 93 where im­mov­able goods are used after the change to a neg­li­gible ex­tent for an activ­ity en­titling the in­put tax de­duc­tion to be made.62

4 If sim­ul­tan­eously with sub­mis­sion to the net tax rate meth­od the man­ner of re­port­ing un­der Art­icle 39 VAT Act is also changed, the fol­low­ing cor­rec­tions must be made:

a.
if a change is made from agreed to col­lec­ted con­sid­er­a­tions, the FTA shall cred­it the tax­able per­son the tax at the ap­pro­pri­ate stat­utory tax rate on the tax­able sup­plies in­voiced but not yet paid on the date of change (debt­or items) and at the same time charge the in­put tax on the tax­able sup­plies in­voiced to it, but not yet paid (cred­it­or items);
b.
if a change is made from col­lec­ted to agreed con­sid­er­a­tions, the FTA shall charge the tax on the debt­or items ex­ist­ing on the date of change at the ap­pro­pri­ate stat­utory tax rate and at the same time cred­it the in­put tax on the cred­it­or items.

62 Amended by No I of the O of 18 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 6307).