7. August 2024 | Eidgenössische Steuerverwaltung |
Notification from the Swiss Federal Tax Administration (FTA) - Administrative assistance
Based on Article 12 paragraph 1 of the Federal Act of 27 September 2013 on the Implementation of the FATCA Agreement between Switzerland and the United States (FATCA Act; SR 672.933.6 ), the FTA makes the following announcement:
1.
By letters dated 15 July 2024 and 18 July 2024, the competent authority of the United States of America (Internal Revenue Service; hereinafter: «IRS») requests the FTA for administrative assistance based on Article 5 of the Agreement of 14 February 2013 between Switzerland and the United States of America for Cooperation to Facilitate the Implementation of FATCA (FATCA Agreement; SR 0.672.933.63 ) and Article 26 of the Agreement of 2 October 1996 between the Swiss Confederation and the United States of America for the Avoidance of Double Taxation with Respect to Taxes on Income (DTA CH-US; SR 0.672.933.61 ) as amended by the Protocol of 23 September 2009.
Information is requested concerning accounts that were identified as US accounts, which the financial institution Banque Pictet & Cie SA - in the absence of a consent to the reporting of account information - has reported to the IRS in aggregated form for the year 2023 pursuant to Article 3 paragraph 1 letter b (iii) of the FATCA Agreement.
2.
The specified US persons concerned by one or more of these group requests as well as any other parties to the account relationships concerned may submit their opinion on the intended transmission of their data to the IRS within 20 days after publication of this notification (Art. 12 para. 1 let. c FATCA Act). The same applies to the legal successors of any deceased contracting parties to the account relationships concerned.
3.
The FTA will issue a final decree for each account relationship concerned by a group request (Art. 12 para. 1 lit. b FATCA Act). If the delivery of the final decree is requested, the persons mentioned in point 2 are required to provide the FTA with their Swiss address if they are domiciled in Switzerland, or to designate a person in Switzerland authorised to receive service if they are domiciled abroad. Legal successors of deceased contracting parties to the account relationships concerned must also submit a certificate of inheritance to the FTA.
The time limit for providing the above information is 20 days , beginning on the day following the publication of this notification. The information should be sent to the FTA either by e-mail to amtshilfe.usa@estv.admin.ch or to the following address:
Swiss Federal Tax Administration FTA Eigerstrasse 65 CH-3003 Bern
4.
It is possible to participate in the simplified procedure in accordance with Article 16 of the Federal Act of 28 September 2012 on International Administrative Assistance in Tax Matters (TAAA; SR 651.1 ). If the person entitled to appeal consents to the transmission of information to the IRS under the simplified procedure, that person must notify the FTA in writing. This consent is irrevocable. The FTA closes the procedure by transmitting the information to the IRS with reference being made to the consent of the person entitled to appeal.
5.
If a person entitled to appeal does not consent to the simplified procedure and has not notified the FTA of a Swiss address or a person in Switzerland authorised to receive service, the FTA notifies the final decree on an anonymous basis by a publication in the Federal Gazette and on its website (Art. 5 para. 3 let. b FATCA Agreement).
7 August 2024 | Federal Tax Administration |
Bundesrecht
Mitteilung der Eidgenössischen Steuerverwaltung (ESTV) - Amtshilfe