Dear Peter, what are your most important takeaways from the seminar?

Once again, I became aware of how inheritance and gift tax law in Switzerland differs from direct taxes in that there are still 26 different, non-harmonized tax laws. Accordingly, cantonal legislation and practice also differ considerably on key issues. I find this particularly surprising, for example, in the different tax treatment of the gratuitous loss of a usufruct in the event of death or in the taxation of the subsequent heir.

What surprised you the most?

I was surprised to learn from practical experience that heirs are apparently often unaware that a consensual deviation from the testamentary provision is permissible under civil law, but can lead to taxation as a cross-donation under tax law.

Which case study was particularly controversial and why?

The discussion was prompted in particular by a participant's statement in the chat that, in practice, as a member of the board of trustees of a foundation appointed as heir by will, he has often been denied the right to inspect files by the tax authorities before the expiry of the deadline, which makes the decision to accept the position of heir more difficult. This practice in individual cantons was also confirmed by participants on site. In general, however, it was noted that in this case the potential heirs are personally entitled to the right of inspection, even if an executor has been appointed for the estate. You can find the documents from this workshop here.

We would like to thank all the speakers for their great commitment and the exciting content: Alexandra Hirt, Natalie Peter, Hanna Brozzo, Robert Desax, Urs Christ and Iring Christopeit.

Did you miss the seminar? No problem: You can obtain the documents (including all case solutions) from our online magazine zsis.ch: Seminar folder "Gratuitous transfer of assets under tax law"