in 2017, a record year for the Swiss Federal tax administration. Your special Department, which activates in cases of suspected serious tax offences, had such a high income like never before. Due to their investigations of 270 million Swiss francs fins almost in the state Treasury. This corresponds approximately to the sum that was received in the entire seven previous years combined.
and Now research shows that the reason for the outlier, a single case, and one with explosive political force. Had to pay extra for a large international group, saying he had kept all the arrangements with the Swiss authorities. He did so only to save on so much taxes , as he was officially allowed. Have broken the tax authorities in their own agreements? Or the group has bypassed itself by the rules?
to Schaffhausen in Order to clarify this, you have to go back to the year 2001, one of the biggest successes of the economic promotion of the Canton. Pride of Canton announced the resettlement of Accenture Holding, international economic consultant company, with annual sales of 10 billion dollars. “A big Coup”, the title of the “Schaffhauser Nachrichten”. A Coup, the policy of Schaffhausen came into being only thanks to the pronounced low-tax. In the result, Accenture suspended mainly intellectual property in the Northern Swiss Canton of, including valuable Software patents.
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love to Schaffhausen, held almost a decade. In 2010, Accenture withdrew its values from Schaffhausen to transfer them – probably under better tax conditions – an Irish company. The Details of this Transfer remain unknown. Even the Swiss tax authorities, hardly knew everything there was to know.
That all changed by the end of 2014, as reported by the world about the so-called LuxLeaks, including the Recherchedesk of Tamedia. The reports were based on a data-leak of tax documents from Luxembourg. The documents came from the auditor, PWC, and showed part of sensitive tax optimization of over 300 international companies – including Accenture. One of the documents published must be crisp, the Swiss tax authorities. Because it is a number that has probably be rather surprised.
difference of a factor of 6
7’000’000’000 dollars to 7 billion dollars. That was the value of Accenture for his intellectual property after the Transfer to Ireland in August 2010, has been calculated. The 7 billion be the “fair market value”, in the LuxLeaks data. It was, therefore, the real market value, calculated in accordance with objective criteria. Only The intellectual property identified Accenture at the time of the departure to the Swiss authorities, only with 1.2 billion dollars. This number also comes from the LuxLeaks document. In other words, Accenture has enhanced its intellectual property in the Abzügeln from Switzerland massive.
companies That set their values is as high as possible, if you settle new, is common. This allows then a higher rate of depreciation. And that reduces the taxable profit. Low out, high in, is assets, the principle in the Move of the group. It happens so often that there is a company moving from one country to the other differences in the valuation. But a difference of 5.8 billion? Almost A Factor Of 6? It was the Swiss too much.
you Probably tried first in peace, with Accenture, the solution and additional taxes. Is not confirmed but. Sure is only, that the thing two years after the LuxLeaks revelations in a way escalated, which is for Switzerland unusual. The Swiss Federal tax administration (FTA) to be your sharpest methods, for example, opened a criminal investigation on suspicion of serious Tax offences against the Swiss Accenture Holding. And maximum pressure, the company has launched also a criminal and administrative proceedings because of possible tax fraud and the evasion of withholding tax in the amount of 2.4 billion Swiss francs.
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Responsible for such an investigation is the FTA-Department of criminal cases and investigations (ASU). This has far-reaching competences. You are the head of Emanuel Lauber, the brother of Federal Prosecutor Michael Lauber. His authority may browse as a prosecution of persons agreement, offices and seized documents. Among other things, therefore the Minister of Finance, must approve every investigation. In the case of Accenture authorized Federal councillor Ueli Maurer, the ASU on may 3. November of 2016.
followed What was internationally orchestrated. On 8. December 2016 arrived, the tax inspectors on five addresses in Switzerland for the house search. On the same day were carried out at four foreign companies searches, to which Switzerland had been asked to seek via legal aid. In addition to the various Accenture offices, their accountant came into sight. Shortly before Christmas, on 22. 23. In December, there was a second wave of house searches.
Declaration of war without consequences
Accenture is the study of the Swiss made himself known to the world, well hidden in a quarterly report. In it, the group wrote that he had based the shift of intellectual property from Switzerland to Ireland in 2010, on tax Rulings, which “we receive by the competent Swiss authorities, and we have to leave”. A “Ruling” means an agreement, in the tax authorities and the Taxpayer agree to binding, how a particular issue for tax purposes is evaluated.
At its heart was the question: Would Accenture have to be intellectual property in Switzerland higher rate – and a correspondingly massive pay more taxes? Accenture wrote in its quarterly report, to deny “categorically”, to have too little taxes to pay, and will defend its Position “vigorously”.
in Spite of this Declaration of war, the worst of it was over a good half a year later. In June 2017 agreed, Accenture, Switzerland, around CHF 200 million after-tax. In return, the ASU decided to close the procedure. There were neither buses nor additional billion in receivables for withholding tax, which were initially in the room. The greater part of the record of the after-tax flowed into the Federal Treasury. The Canton of Schaffhausen was delighted to receive revenue of around 50 million francs, which led, in 2017 the best accounts of the last ten years. And also the town of Schaffhausen was in 2017, around 20 million tax from companies.
Also, Accenture does not comment on the case
Outweighs the joy of a mega group that writes the annual billions in profits, and additional taxes taken? Or rather, the Annoyance that the Interpretation of a Schaffhausen-based Rulings allow, apparently, such a large game room, that such a dispute may arise? And what that means for the reputation and reliability of Switzerland as a location?
Although the case is from publicly available documents together puzzles, not to mention authorities. Both in the Federal government in Bern than in Schaffhausen you refer to the tax secret, the you an opinion on particular cases, impossible. In General, the schaffhauser Department of Finance, insure one could write that “the Canton of Schaffhausen, written Rulings are correct and in agreement with the parties formulated”. Also, Accenture does not comment on the case.
“Are not replaced is not problematic Rulings, General rules, in order to be known?”Prisca Birrer-Heimo, SP-national councillor
In April 2017, in the middle of the Accenture process, informed of the Schaffhausen cantonal government on an Amendment to the cantonal tax regulation. It allows the Canton to existing tax Rulings to resolve, to give without the company of legal uncertainty. Because of the new clause in the regulation lays down a Standard rate of tax for the taxation of foreign profits. A welcome side-effect: resolves a Ruling, it cannot be exchanged with foreign authorities, which since the beginning of 2018, the standard is done moderately.
“not to Be replaced not problematic Rulings, General rules, in order to be known?”, SP-national councillor Prisca Birrer asked, therefore, Heimo rhetorically in an article in the “Switzerland on the weekend” to “Schaffhausen Buebetrickli”. This suspicion receives now with the case of Accenture, extra food.
(editing Tamedia)
Created: 24.02.2019, 19:04 PM
