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Bern signs tax disclosure agreement with US

The Swiss government said on Thursday it had signed a controversial deal with the United States requiring all Swiss banks to report the holdings of their US clients to US tax authorities.

Bern signs tax disclosure agreement with US

The agreement, which was initialled in Washington late last year, aims to simplify Switzerland's implementation of the US Foreign Account Tax Compliance Act (FATCA), a source of dispute between the two countries since it was announced in March 2010.

The deal was signed in Bern by State Secretary Michael Ambuehl, in charge of financial and taxation issues, and US ambassador Donald Beyer, but still needs to pass through the Swiss parliament and could be subject to a popular referendum, the government said in a statement.

It stressed though the importance of the deal going into effect when the United States begins phasing in FATCA on January 1, 2014 to avoid penalising Swiss banks on the US market.

And it said it planned to fast-track the agreement through the usually slow parliamentary process.

Swiss Finance Minister Evaline Widmer-Schlumpf told Swiss media on Wednesday that the country had no other choice but to sign the deal, pointing out that not doing so would be detrimental to Swiss financial institutions active on US capital markets.

The government stressed that regardless of whether it signed the deal or not, Swiss institutions would not be able to circumvent the US rules, but that with the agreement in place the implementation would be simplified.

Switzerland is one of seven countries which have so far agreed to comply with FATCA, which aims to ensure that all US citizens can be taxed by the Internal Revenue Service on their income and assets worldwide.

The FATCA law is controversial in many countries because it requires banks to reveal information about their clients.

Until now, tax agreements have only provided for the exchange of information "on demand," meaning a country would already suspect possible tax evasion before requesting the information.

FATCA meanwhile requires foreign financial institutions to report all assets in accounts held by US citizens to the IRS.

In anticipation of these rules and the workload they will entail, critics say Swiss banks have already begun actively eliminating American clients.

In light of this problem and to avoid trampling on Switzerland's cherished banking secrecy rules, a number of exceptions have meanwhile been negotiated under the deal signed in Bern.

Social security funds, private pension funds and property and casualty insurers have been excluded from the Swiss FATCA filing requirements and bank compliance has been simplified, Bern said.

The new deal also ensures that information will not be transferred automatically without the client's consent, although FATCA then requires banks to charge a 30-percent withholding tax on the US client's assets.

If a client refuses consent, information about their holdings can still be exchanged, but then only through group requests under  an existing double taxation agreement between Switzerland and the United States, Bern said.

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SWISS CITIZENSHIP

The most useful website resources to help you get Swiss citizenship

If you are ready to become a citizen of Switzerland, or just have questions about the process and requirements, these websites will provide valuable information.

The most useful website resources to help you get Swiss citizenship

Even if you have been a resident of Switzerland for a long time, you may still not know every little detail about what is involved in the naturalisation process.

True, there are plenty of websites on this subject, but be very careful about believing everything you read on this topic online.

Not only do some websites spread information that is dated and no longer current, but — worse yet —they also promise to get you Swiss citizenship if you only part with your money.

This doesn’t necessarily mean that each and every site is out to scam you, though some undoubtedly are.

If someone guarantees that you will get your Swiss passport if you contract with them, that should sound alarm bells in your head. It goes without saying that this is not legitimate — not only in Switzerland but likely in most other countries as well.

So if someone makes this promise to you, run the other way, and don’t look back.

On the other hand, there are those that offer services of attorneys to get the naturalisation process going for you.

Generally speaking, they could be totally legit, but unless you are too busy to handle the process yourself or have other compelling reasons why you can’t, you don’t need an intermediary to apply for citizenship.

READ ALSO: Do you need a lawyer to help get a Swiss work permit or citizenship? 

Websites you can trust

The Local Switzerland as gathered a horde of essential information on becoming Swiss that will cover everything from the costs, the tests involved, the reasons you might get rejected and also the different paths you can take to becoming Swiss. All the information is available at our special web page on Swiss citizenship. We also feature the experiences of those who have become Swiss and their essential advice.

There are also official government resources that can help with the basics.

State Secretariat for Migration (SEM)

Without a doubt, this is the most comprehensive ‘go-to’ source for anyone wishing not only to apply for citizenship, but also for foreigners who want to obtain a Swiss work /residency permit, a visa, or learn about entry requirements for various nationalities. 

All the conditions for naturalisation, including the length of residency, language requirements, and integration criteria, are listed on this website.

Ch.ch

This particular website is operated jointly by federal and cantonal authorities, so information provided therein is also credible and accurate.

Unlike SEM, which offers extensive and detailed information on every aspect of naturalisation, this site provides the abridged, but nevertheless pretty complete, version on naturalisation requirements and steps to be taken.

Swiss Embassy in your country

Switzerland’s representations abroad are also good sources of information on this subject — especially if they are provide details relating to obtaining Swiss citizenship pertaining specifically to your nationality.

You can find Switzerland’s Embassy in your country of residence on the website of the Foreign Affairs Ministry

Individual cantons

While federal naturalisation criteria are the same throughout the country, each canton has the right to implement its own eligibility requirements — as long as they are not contrary to, or less strict than, national rules.

A number of cantons have done so, either by imposing longer residency or stricter language requirements, as explained here:

If you want to check out what your canton’s naturalisation rules are, you can do so directly on their iindividual websites.

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