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Old 05.02.2010, 09:58
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Corporation Tax - Capital Gain?

I have a Swiss Limited Company (SA).
Basically the only asset other than cash in the bank is an apartment block which is on the accounts as CHF 580,000. There is a loan of CHF 102,000 on the property.

Balance Sheet as at 31 Dec 2009 is as follows:

FIXED ASSETS
Building & Land CHF 640,000
CURRENT ASSETS
Cash in Bank CHF 10,000
CURRENT LIABILITIES
Loan On Building CHF 102,000
Share Holder Loan CHF 60,000

Net Assets CHF 488,000

Share Capital CHF 100,000
Share Reserve CHF 20,000
Profit & Loss CHF 368,000

CHF 488,000

I have somebody interested in buying the apartment block with land.
I need to know the tax implications if I sell the apartment block with land on its own at say CHF 2,000,000.

Questions:

(1) Am I correct in assuming that the company would make a Capital Gain of (2,000,000 - 580,000) CHF 1,420,000 and would have to pay Corporation tax on this? Are thee any tapering reliefs/indexation etc for time on the basis that the building was put on the balance sheet in early 70's

(2) I have taxable losses brought forward of about CHF 32,000 on the Company Tax Return. I do not understand how this has come about as the accumulated P&L states CHF 368,000. How could this arise?

(3) Could I offset the CHF 32,000 losses brought forward, against the CHF 1,420,000 for tax?

(4) How do I find out the Corporation Taxes on this profit (Federal, Canton Ticino and Comune Tax).

Or should I consider selling the 100% share capital of the company (which includes the land and building obviously) where I would then pay personal capital gains on the shares?
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