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Source tax 2021: These changes you need to know

Martin Grüter
23.11.2020

Wir sind für Sie da.

Martin Grüter
The revision of the Ordinance on Source Tax will come into force on January 1, 2021. The new ordinance aims to increase legal certainty for employers and employees. It also intends to take account of technical developments and recent case law in this area.

One of the main objectives of the revision of the source tax ordinance was to eliminate unequal treatment between persons subject to source tax and persons taxed ordinarily. In addition, the cantons were obliged to harmonize the calculation of withholding taxes throughout Switzerland.

Where to find the basic information?

Together with the cantons, the Federal tax authority (FTA) has drafted Circular Letter No. 45 (KS 45) on the source taxation of employees’ income from employment, which was published on the FTA website on 12 June 2019. It lays down the rules for the calculation of withholding taxes in a binding way for all cantons.

What is the specific purpose of the adjustments?

The new regulation has three main objectives:

  • to take account of technical developments (for example, the uniform wage reporting system or the wage standard CH source tax [ELM])
  • to increase legal certainty for employees and the debtors of the taxable supply
  • to standardize procedures

Employers with employees subject to source tax must implement the new legal basis by the deadline stipulated. For this reason, you should be aware of the need for adjustment and changes. This is the basis for you to calculate your employees’ source taxes correctly in the future.

The 11 most important innovations from our perspective

There are of course many changes and adjustments to the ordinance. The ones that you absolutely must know are the following:

  • Standardisation of the application of tariff codes throughout Switzerland.
  • Settlement is now required with all responsible cantons.
  • Consistent definition of the income subject to source tax.
  • Standardisation of the calculation of withholding tax within cantons in the monthly or annual model.
  • Calculations of wage elements before entry, during employment, and after leaving, must be redefined.
  • Removal of tariff code D (secondary occupation). Instead, a complex income extrapolation must be applied for people who have several part-time jobs.
  • The source tax rate determination for the 13th monthly salary in the monthly model must now be carried out using a special calculation formula.
  • Uniform rate determination for irregular hourly wage earners.
  • The entitlement commission now amounts to 1% to 2% of the total amount of source tax.
  • The requirements for filing a tax return (subsequent ordinary assessment/SOA) have been adapted and extended. The possibility of a tariff correction is no longer available. Now every person liable for source tax can apply for a recalculation of the source tax in the following circumstances by 31st March of the tax year following the due date of the benefit:
    • Incorrect determination of the gross salary subject to source tax
    • Incorrect determination of the income that determines the rate
    • Incorrect tariff application

No additional deductions, such as pillar 3a payments, can be claimed as part of the recalculation of source taxes. Provided that the conditions for this are met, these must be claimed under an SOA. Persons subject to source tax who are resident in Switzerland may submit a one-time application for a voluntary SOA, bearing in mind that this application cannot be withdrawn and therefore remains valid until the end of the source tax liability.

  • Review of tax rulings -> A review of any existing tax rulings between employer and tax authorities is recommended as part of the audit. If such rulings exist, all tax agreements that contradict the new laws will lose their effect.

Important: Adjust your payroll accounting in time!

In order to take these adjustments into account, various adjustments in your payroll accounting are absolutely necessary. For example, master data or wage types have to be adjusted with regard to tariffs, tax rate determination, etc.

How to get ahead quickly: Information sources and forms

The already mentioned KS No. 45 on the source tax on earned income of employees contains all information on the revision of the regulation.

So that you do not have to gather all the documents on this basis yourself, we provide the following forms and overviews for you to download.

If needed: Get support!

Do you need help in implementing the new source tax regulations? Or would you like to clarify the necessary adjustments with our experts or have them check the adaptations? Then please contact Martin Grüter, he will be happy to help you competently and with pleasure.

Stay up to date!

With our customer magazine Akzente or our newsletter, both of which you can subscribe to at www.caminada.com, you will receive further news and field reports on the changes in source tax and other current topics.