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Old 11.05.2015, 11:25
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Moving to Switzerland, uncertain about legal/tax situation with my husband

Hi all,
I am new to the forum, and have found an incalculable amount of priceless information here, so thank you all.

I have tried to read through all the relevant posts related to my question but I can't find anyone in a similar situation. Here are the facts:

- I will be moving to Lausanne in September for a permanent job.
- I am a Spanish national so I understand I will receive a B permit.
- I am married, but my husband will not be moving permanently with me (at least for the first year), since he has work commitments in Spain, where we now live. He will be spending some time every month with me in Switzerland (10-20 days? We don't really know), but he will not work there. Sometimes he will probably be with me for a couple weeks, other times he will be away for a month. We can't plan, he is freelance. In any case, he will still pay his taxes in Spain.

And here's what I'd like to know:

- Does he need to apply for a permit or can he have a "visitor" status, even if we are married and he spends a considerable amount of time in the country? What would the time limit be, if there is one, before having to become a resident?
- Do we need to get medical insurance for him? I am not worried about the practical factor (being able to go to a doctor), just about the legal side.
- When calculating my salary and paying the appropriate tax in Lausanne, will I count as married or single, if he is not even a resident? He doesn't really fall under any of the two categories that are (working spouse i.e. double income in the household, or non-working i.e. provided for).

Thank you in advance for your help!
Carla
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Old 11.05.2015, 11:29
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

This question was answered last week.

As a married couple you are taxed on your global income. However, any tax already paid will be deducted from the amount of tax due in Switzerland.

Last edited by dodgyken; 11.05.2015 at 12:01.
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Old 11.05.2015, 11:55
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

Thanks dodgyken,
I think the underlying question would be: Can we not pretend he is not living in Switzerland? (because he may actually not be?)
Since we don't know how much time he will spend there with me, and we are keeping our home in Spain, and he will still be back there working a lot of the time, pay tax there, etc?
I'm sure we wouldn't be the first couple who are residents in different countries.
But then how long would he be able to stay with me, say, over the course of a year?
Thanks!!
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Old 11.05.2015, 12:01
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

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Thanks dodgyken,
I think the underlying question would be: Can we not pretend he is not living in Switzerland? (because he may actually not be?)
Since we don't know how much time he will spend there with me, and we are keeping our home in Spain, and he will still be back there working a lot of the time, pay tax there, etc?
I'm sure we wouldn't be the first couple who are residents in different countries.
But then how long would he be able to stay with me, say, over the course of a year?
Thanks!!
Your question on tax is answered here
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Old 11.05.2015, 12:05
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

Yes, I have read that.
My question is: can he simply NOT have a permit? i.e. not be officially living in Switzerland at all?
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Old 11.05.2015, 12:07
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

If he is living in Switzerland (i.e. with a permit, > half the year) then he needs all the stuff that goes with it - health insurance, taxes paid primarily here etc.

If he isn't - then he doesn't.

In any case you have to declare his income on your return.

I would imagine Swiss tax is lower than Spain, so if he's here then it would be an advantage, and if he isn't it won't make any difference to what you pay as his Spanish tax is higher.
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Old 11.05.2015, 12:09
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

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Yes, I have read that.
My question is: can he simply NOT have a permit? i.e. not be officially living in Switzerland at all?
Yes he can. If he is spending most of his time living and working in Spain then his centre of interest is there and he has no need to register in Switzerland.

My husband spent 18 months living and working here ( with frequent trips back to Belgium) whilst myself and our son continued to live in Belgium. We visited fairly often during school holidays.
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Old 11.05.2015, 12:10
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

Same answer again. Switzerland calculates tax on family income so it does not matter whether your husband is registered here or not.

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Yes, I have read that.
My question is: can he simply NOT have a permit? i.e. not be officially living in Switzerland at all?
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Old 11.05.2015, 12:35
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

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Same answer again. Switzerland calculates tax on family income so it does not matter whether your husband is registered here or not.
But they take any Spanish tax paid into account when doing the calculations also. He won't be taxed twice on the same income.
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Old 11.05.2015, 12:46
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

True. But one hypothetical question if spouse abroad paid more taxes there than actual tax liability in Switzerland. Do they refund?

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But they take any Spanish tax paid into account when doing the calculations also. He won't be taxed twice on the same income.
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Old 11.05.2015, 14:18
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

It was our situation 1 year ago.

The legal and tax implications are huge. Ask a profesional in both countries before take a decision. Are you married ' en gananciales'?.

Take in mind that Spain can apply their tax rates to your incomes in Switzerland...

I think it is best to have the legal & economic residence only in Swiss. And if your husband need to travel some times to Spain it is not a problem. He can work from Swiss to other contries.
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Old 11.05.2015, 18:18
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

I would register in Swizerland and set up a Swiss GmbH that your husband invoice from.
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Old 11.05.2015, 18:26
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

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Same answer again. Switzerland calculates tax on family income so it does not matter whether your husband is registered here or not.
The OP will pay tax at source & will be taxed as a single person if her husband is not living here.
An individual is never liable to taxes in a country they are not resident in unless American & highly paid.
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Old 11.05.2015, 18:32
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

Tax would be at source but I think employer will ask about marital status, spouse working status, religion etc to determine tax code/rate. For e.g in Zurich tax code for one spouse working is B, C for both working and for single person it is A which is much higher than B. So if they apply A one would need to file tax return to get the money back.

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The OP will pay tax at source & will be taxed as a single person if her husband is not living here.
An individual is never liable to taxes in a country they are not resident in unless American & highly paid.

Last edited by simple_person; 11.05.2015 at 18:47.
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Old 11.05.2015, 18:47
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

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Tax would be at source but I think employer will ask about marital status, spouse working status, religion etc and they will apply tax code accordingly. For e.g in Zurich tax code for one spouse working is B and C for both working. Tax code for single person is A and it is also much higher than B. So even if they apply A one would need to file tax return to get the money back.
If your spouse is not living here, your taxed as a singe person which is what you are in CH, you won't get any allowance for any Children either if they don't live here.

My brother was a dual UK/ CH resident, whilst his wife & children were only a UK residents, it's actually quite common.
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Old 11.05.2015, 19:53
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

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If your spouse is not living here, your taxed as a singe person which is what you are in CH, you won't get any allowance for any Children either if they don't live here.

.
Unless you live in Neuchâtel.
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Old 11.05.2015, 19:59
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

Or unless you live in Kanton Zurich or Schaffhausen
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Old 11.05.2015, 22:28
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

Of course you may get child allowance even if the kids arent living with you! It depends on the situation but in many cases you are eligible if not in full, in part.

Or if you were refering to tax allowance; also this you may be eligible for for any dependants you may have.


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If your spouse is not living here, your taxed as a singe person which is what you are in CH, you won't get any allowance for any Children either if they don't live here.

My brother was a dual UK/ CH resident, whilst his wife & children were only a UK residents, it's actually quite common.
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Old 11.05.2015, 22:35
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

Referring to the tax situation. I live in Kanton Zurich, have a C permit, hubby lives in Germany but I am still taxed as married (and the situation was the same when on a B permit)

Last edited by roegner; 11.05.2015 at 22:35. Reason: Adding
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Old 19.12.2015, 23:30
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Re: Moving to Switzerland, uncertain about legal/tax situation with my husband

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This question was answered last week.

As a married couple you are taxed on your global income. However, any tax already paid will be deducted from the amount of tax due in Switzerland.
Dodgyken, do you know if the same principle of deducing the paid amount applies in case my husband moves from Switzerland to Hong Kong (kids move with him), however i stay here and spend some time in HK?
thanks a a lot
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