Is tax evasion still not a crime in Switzerland?

[Peter66]

Let's assume a person is a resident in country A, and do tax evasion in country B using a Swiss bank account

Is tax evasion still NOT a crime in Switzerland? Does this mean that if you do tax evasion using Swiss bank accounts, country B will not be able to use mutual assistance treaties to request information on you from Switzerland?

 

[Gediminas]

Tax evasion is a crime in all (?) countries.

Tax evasion is for poor people, whereas tax optimization is for wise people.

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[OTR365]

Peter66 said:
Is tax evasion still NOT a crime in Switzerland?
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Tax evasion, with some qualifications, is a crime in Switzerland since 2016. Tax Evasion â–ºBest Tips to legalize your Offshore Money fast

However, it seems that Swiss residents accused of tax evasion by a foreign country, are in many/most cases not extradited.

 

[clemens]

OTR365 said:
However, it seems that Swiss residents accused of tax evasion by a foreign country, are in many/most cases not extradited.
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sounds good, any evidence for this?

What about Cyprus, I think I remember they also not consider tax evasion a crime if it isn't their own country. Another user mentioned Turkey that also not consider Tax Evasion a crime!

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[OTR365]

clemens said:
sounds good, any evidence for this?
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Extradition on the grounds of fiscal offences will be approved only in particularly serious cases. The terms of cooperation under the Schengen Agreement also provide for extradition owing to offences in the realm of consumer taxes, value-added tax and customs duties. A fiscal offence is not deemed to have been committed in cases in which perpetrators of subsidy fraud have money which is not due to them paid out to them under false pretences by the tax authorities, for example.
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https://www.bj.admin.ch/bj/en/home/sicherheit/rechtshilfe/strafsachen/auslieferung.html
Also;

Where no other rules have been set down (see section 1), extradition may be denied if the alleged offence is subject to the jurisdiction of the Swiss courts (Art.35 and 36 IMAC), if the offence is time-barred (Art.5 IMAC) or ifthe accusation is an offence which appears to be aimed at reducing fiscal dutiesor taxes, or which violates regulations on currency, tradeor economicmeasures(Art.3 para. 3 IMAC). Under certain conditions, extradition may be granted for taxfraud (Art.3 para. 3b IMAC). Extradition may also be refusedif you are able immediatelyfurnishconclusiveevidence that you were not at the scene of the offence when it allegedly occurred (Art.53 IMAC)
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https://www.rhf.admin.ch/dam/data/b...hen/auslieferung/darlegung-auslieferung-e.pdf

 

[GrumpyMess]

clemens said:
What about Cyprus, I think I remember they also not consider tax evasion a crime if it isn't their own country
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They have passed the bill recently to consider it as a crime

 

[JohnLocke]

GrumpyMess said:
They have passed the bill recently to consider it as a crime
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They could not withstand the pressure of the USA and rest of the EU I guess.

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[Martin Everson]

Forget it with Switzerland as I said before on here. Switzerland is actually pushing for greater enhancements to CRS so they can report more...lol. They have had a white money policy for years now. Any hint of tax evasion and they are not interested any longer. They learnt their lesson the hard way.

https://www.internationalinvestment.net/news/4007330/switzerland-pushes-financial-transparency

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Please note my posts should not be taken as financial or tax advice. Please seek professional advice in that respect.

 

[KJK]

On a related note, if you get into some trouble in the region coo-:!y

In Germany and Austria the law recognizes that it is basic human nature to escape and hence the act of escaping itself is not a crime, although you may be punished for any other crime that you commit during your escape.
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[lory]

KJK said:
On a related note, if you get into some trouble in the region coo-:!y
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You mean it is allowed to evade tax in Germany and Austria 😀 I don't think so.

 

[Saho]

lory said:
You mean it is allowed to evade tax in Germany and Austria 😀 I don't think so.
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At least you can escape from prison without getting a harder punishment.

 

[JackAlabama]

Switzerland has decided to take the communist path. Proceed with caution if you want to proceed at all.
They take this crs reporting very seriously as good communists and privacy haters do.
Geopolitically very weak, they have weak leaders and vote for greenism/leftist parties. It is by far not the same place as it was 10-15 years ago.

Source:
* wef in january 2020
* election results in 2019

 

[uplana]

I didn't see the thread before now. Tax evasion is not the way to go. You will find lot's of useful stuff inside the Mentor Group Gold to reduce tax and make things legally a little better for your money and business.

Tax evasion itself will always be forbidden.

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[JackAlabama]

uplana said:
I didn't see the thread before now. Tax evasion is not the way to go. You will find lot's of useful stuff inside the Mentor Group Gold to reduce tax and make things legally a little better for your money and business.

Tax evasion itself will always be forbidden.
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Exactly. It does not make sense to risk it at all. Just moving is the best option and be done.
As a harbor from outside, it will not work.

It is not a crime inside Switzerland (if you are resident / citizen) in the sense you go to jail. But you will pay very heavy fines, which can be really stiff. So it is a "jail" for your wallet instead your body 😉.


Especially for Switzerland, you need a good professional working with you and your structure and tax will not be much of an issue. This knowhow is, however, very costly.

 

[GPT]

Tax evasion in Switzerland is not a criminal offence. It is treated as civil offence. In most, if not all other countries tax evasion is a criminal offence.

 

[GPT]

JackAlabama said:
Switzerland has decided to take the communist path. Proceed with caution if you want to proceed at all.
They take this crs reporting very seriously as good communists and privacy haters do.
Geopolitically very weak, they have weak leaders and vote for greenism/leftist parties. It is by far not the same place as it was 10-15 years ago.

Source:
* wef in january 2020
* election results in 2019
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Very true. The only benefit left is the direct democracy with the 4 referendums per year. This in effect slows down implementation of new laws / measures / legislation if the general consensus does not approve.

 

[GPT]

GrumpyMess said:
They have passed the bill recently to consider it as a crime
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It was one of the bills that they needed to pass to qualify for the IMF bailout fund when both Greece and Cyprus got bankrupt due to the haircut imposed by the EU in 2012-13.

 

[JackAlabama]

GPT said:
Very true. The only benefit left is the direct democracy with the 4 referendums per year. This in effect slows down implementation of new laws / measures / legislation if the general consensus does not approve.
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well said. some cantons (= states / provinces as you wanna call it) are more conservative than others and value personal responsibility more and also offer lump sum tax regime to foreigners. it is interesting to see how that further develops.