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Old 08.06.2015, 20:38
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Family leaving Switzerland but i'm staying!

I would be grateful for some advice from someone as I can't see a link with the answer.

After 4 1/2 years my family are leaving Switzerland at the end of this month to return to the UK for personal reasons. I however will be staying in Switzerland to continue working. I am a permit B holder and a signatory for my company in Switzerland so I cannot do my job outside of Switzerland as I have been told I need to live and work in the canton, so I will commute back and forth at weekends.

My wife and children are all permit B holders due to my permit B status, but they have had to give this up so they we can notify the schools and the health insurance company.

I have told my boss about this development, and he is OK with it as he commutes back and forth to another EU country anyway but he has told me his wife continues to have a permit B here although she does not live here and has strongly advised me to the same but for legal reasons and the additional complication of the children and schools I can't do the same.

This seems strange to me as I was under the impression that it was only my domicile status that requires me alone to be in Switzerland and I know the rules have been relaxed on this with the authorities so I would be grateful for any guidance anyone might have who has had a similar experience?
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Old 08.06.2015, 20:44
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Re: Family leaving Switzerland but i'm staying!

You can't have a Swiss Residence permit if you aren't resident here and I don't see what advantage there is to your family keeping the permits.
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Old 08.06.2015, 20:45
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Re: Family leaving Switzerland but i'm staying!

Perhaps the wife of your boss has not de-registered from Switzerland? That would be illegal. He would still have to pay for her health insurance, and quite honestly where is there an advantage for him?

When, or if, your family return, and you are working, they will get their 'B' permits back again almost immediately, no question.
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Old 08.06.2015, 20:48
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Re: Family leaving Switzerland but i'm staying!

There must be more to this story (about your bosses wife B permit) as I can't see any sense in keeping it. Are you sure she doesn't have a C Permit?
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Old 08.06.2015, 21:11
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Re: Family leaving Switzerland but i'm staying!

Thanks all for your swift replies!

My boss has a concern that he was told years ago that his family has to be here to for his (our) company to get the corporate fiscal benefits of his residence here. Therefore even though his wife doesn't really live here, he still keeps her permit B here and i assume pays for her healthcare? I am not sure if this is still the case and he doesn't know the facts, but it is clear he is hypersensitive to it with regards to the corporate tax position!

I realise my wife and family have to give up their permit Bs so my question was really around the corporate tax position, specifically in Vaud, and whether the family has to be based here as well to get the corporate tax benefits. My boss does not want me to ask HR to risk exposing a situation which could be kept between us so I was really after some external advice.
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Old 08.06.2015, 21:13
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Re: Family leaving Switzerland but i'm staying!

I imagine he would not be happy to know you are asking on on public open Forum either. As what he is doing is highly illegal and plain fraud actually.
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Old 08.06.2015, 21:20
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I have not revealed any identities however!

I also believe she comes back here for a period of time every month to satisfy domicile status anyway.

My question however is whether an organisation seeking corporate tax benefits needs to have all the family here under residency status?

Last edited by 3Wishes; 08.06.2015 at 23:07. Reason: merging consecutive replies
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Old 08.06.2015, 21:33
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Re: Family leaving Switzerland but i'm staying!

Easily found out with a court order.

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I have not revealed any identities however!
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Old 08.06.2015, 22:29
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Re: Family leaving Switzerland but i'm staying!

I always thought that you cannot be a Permis B holder either if your family lives abroad but and that would become a frontalier (Permis G) if you commute weekly to your family abroad. But then your official address would not be a Swiss address either. Is there an official way that a married person can be a Swiss resident (permis B) while his family lives abroad and that he is considered a Swiss tax resident only instead of being a tax resident of the country of your family ? I thought that normally tax rules look at where the family lives to decide where the family (including the commuting husband) is tax resident.
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Old 08.06.2015, 22:35
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Re: Family leaving Switzerland but i'm staying!

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I always thought that you cannot be a Permis B holder either if your family lives abroad but and that would become a frontalier (Permis G) if you commute weekly to your family abroad. But then your official address would not be a Swiss address either. Is there an official way that a married person can be a Swiss resident (permis B) while his family lives abroad and that he is considered a Swiss tax resident only instead of being a tax resident of the country of your family ? I thought that normally tax rules look at where the family lives to decide where the family (including the commuting husband) is tax resident.
I don't see why the residence of his family would be relevant. You get taxed based on your residence, not the residence of any of your family. If you spend the vast majority of your time here (there's a specific threshold, doubtless) then you're resident here for tax purposes.
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Old 08.06.2015, 22:44
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Re: Family leaving Switzerland but i'm staying!

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I don't see why the residence of his family would be relevant. You get taxed based on your residence, not the residence of any of your family. If you spend the vast majority of your time here (there's a specific threshold, doubtless) then you're resident here for tax purposes.
I am not really a tax specialist but I thought that residence of the family is often what determines in tax rules in which country you are tax resident; so that even if you spend less than 183 days a year in that country, you can be deemed a tax resident there because it's where the family lives. But I think each country defines tax residence differently.
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Old 10.06.2015, 10:42
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Re: Family leaving Switzerland but i'm staying!

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I would be grateful for some advice from someone as I can't see a link with the answer.

After 4 1/2 years my family are leaving Switzerland at the end of this month to return to the UK for personal reasons. I however will be staying in Switzerland to continue working. I am a permit B holder and a signatory for my company in Switzerland so I cannot do my job outside of Switzerland as I have been told I need to live and work in the canton, so I will commute back and forth at weekends.

My wife and children are all permit B holders due to my permit B status, but they have had to give this up so they we can notify the schools and the health insurance company.

I have told my boss about this development, and he is OK with it as he commutes back and forth to another EU country anyway but he has told me his wife continues to have a permit B here although she does not live here and has strongly advised me to the same but for legal reasons and the additional complication of the children and schools I can't do the same.

This seems strange to me as I was under the impression that it was only my domicile status that requires me alone to be in Switzerland and I know the rules have been relaxed on this with the authorities so I would be grateful for any guidance anyone might have who has had a similar experience?
I wanted to send you a pm but you seem to have deactivated that option. Can you check?
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  #13  
Old 10.06.2015, 11:24
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Re: Family leaving Switzerland but i'm staying!

As far as Switzerland is concerned, residence is of the wage earner and based on where they spend most of their days. Some countries, such as Germany, use a sort of "center of gravity" argument to attempt to collect tax, but this is usually when someone leaves Germany to work and their family remains behind in an owned property.


I suggest you look at the residence threshold for the country you will be traveling to each weekend as they may want the difference between Swiss tax and their tax rate if you are deemed to be there too many days in a year. Be aware that some countries consider the day you arrive and leave as a full-day in country, so arriving Friday night and leaving early Monday morning may count as 4 days by their rules and you'll find yourself owing some tax. Have a look or consult a tax professional in the other country...money well spent.
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