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Commentaries: Art. 2 | Omnilex

Art. 2

672.4IWTAFederal ActDec 20, 2012Original source

For the purposes of this Act:
1. capital income is income and gains on movable capital assets that are taxable under the applicable agreement;
2. thepartner state is the contracting state with which Switzerland has entered into an agreement;
3. aone-off payment is one of two options available for tax regularisation of an existing business relationship with a Swiss paying agent, consisting of a one-off lump-sum tax levy;
4. thecontracting party is the holder of an account or deposit with a Swiss paying agent containing relevant assets that fall under the scope of the applicable agreement and of which a relevant person is the beneficial owner;
5. anauthorised person is a person under the applicable agreement who is entitled to choose between final withholding tax or disclosure in the case of an inheritance, or a person who is legally or contractually authorised to represent that person;
6. atax finality payment is a supplementary amount levied under the applicable agreement in addition to the retention under the Agreement on the Taxation of Savings between Switzerland and the EU¹(«Agreement on the Taxation of Savings»).
The terms used in this Act are to be understood in accordance with the respective applicable agreement. This concerns in particular the following terms:
1. Swiss paying agent;
2. relevant person;
3. appointed date;
4. competent authority;
5. relevant assets;
6. account or deposit.

Agreement of 26 October 2004 between the Swiss Confederation and the European Community providing for measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments (SR 0.641.926.81 ). ↩

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