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Old 12.03.2017, 18:25
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withdrawing of pension fund

Recently i wanted to withdraw my pension funds in support of my new company.
I asked confirmation of self employment to AHV and with my surprise they sent me confirmation starting from december 1st 2015, date i filed the company on the swiss handelregister and not from May when i started to have official invoices and income.....
unfortunately this prevents me from withdrawing my pension fund since more than one year passed....(((

What can i do now to withdraw this money which i really need to fund my new business plan...?? can i close this company and open and new one asking for immediate withdraw of money? does the new one need to be in a completely different area of business from previous one?

Please help me out i am very lost and disappointed since AHV never informed me i was already self employed.
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Old 12.03.2017, 18:38
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Re: withdrawing of pension fund

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Recently i wanted to withdraw my pension funds in support of my new company.
I asked confirmation of self employment to AHV and with my surprise they sent me confirmation starting from december 1st 2015, date i filed the company on the swiss handelregister and not from May when i started to have official invoices and income.....
unfortunately this prevents me from withdrawing my pension fund since more than one year passed....(((

What can i do now to withdraw this money which i really need to fund my new business plan...?? can i close this company and open and new one asking for immediate withdraw of money? does the new one need to be in a completely different area of business from previous one?

Please help me out i am very lost and disappointed since AHV never informed me i was already self employed.
Nothing, the rule is 1 year from setting up the business, which you did on 1 Dec 15 over 2 years ago.
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Old 12.03.2017, 21:39
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Re: withdrawing of pension fund

Thank you. What if I close this company and open a new one? Does the new company have to be in the same area or in a completely. Ew one?
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Old 12.03.2017, 21:42
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Re: withdrawing of pension fund

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Thank you. What if I close this company and open a new one? Does the new company have to be in the same area or in a completely. Ew one?
You would need to cancel your self employment, then apply at a later date.
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Old 12.03.2017, 22:16
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Re: withdrawing of pension fund

Thank you. How long do you think I need to wait?....
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Old 12.03.2017, 22:25
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Re: withdrawing of pension fund

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Thank you. How long do you think I need to wait?....
You need a new paper from the AVS saying your new to self employment, why not ask them?
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Old 12.03.2017, 22:33
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Re: withdrawing of pension fund

I did ask them but with my great surprise they don't know exactly what to do.... they told me to ask to change registration date at handelsregister..... i will ask again
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Old 12.03.2017, 22:47
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Re: withdrawing of pension fund

FinanzMonitor.com advises that it would be possible to withdraw funds from a pension fund after the 12 month period has expired if a new self-employment activity is begun. It does not appear that you would need to stop your current self-employment activity but rather just add an additional one, imo. This new self-employment activity would, of course, need to be recognized by SVA/ AHV.

Let's say that you registered an IT business in December 2015. Now, you decide that you would also like to plow snow on weekends. Starting this second business, which might not necessarily be registered, should allow you to withdraw pension funds at the reduced tax rate.

See the response to "Martin" on 20 January 2015 at this link. The key statement is: "Zwar wäre ein späterer (erneuter) Bezug möglich, wenn man eine andere selbständige Tätigkeit aufnimmt."

http://www.finanzmonitor.com/2-saule...pensionskasse/
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Old 12.03.2017, 22:55
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Re: withdrawing of pension fund

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FinanzMonitor.com advises that it would be possible to withdraw funds from a pension fund after the 12 month period has expired if a new self-employment activity is begun. It does not appear that you would need to stop your current self-employment activity but rather just add an additional one, imo. This new self-employment activity would, of course, need to be recognized by SVA/ AHV.

Let's say that you registered an IT business in December 2015. Now, you decide that you would also like to plow snow on weekends. Starting this second business, which might not necessarily be registered, should allow you to withdraw pension funds at the reduced tax rate.

See the response to "Martin" on 20 January 2015 at this link. The key statement is: "Zwar wäre ein späterer (erneuter) Bezug möglich, wenn man eine andere selbständige Tätigkeit aufnimmt."

http://www.finanzmonitor.com/2-saule...pensionskasse/
It has to be a 100% self employed activity to make a withdrawal, a part time send employed activity is not a reason to withdraw.
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Old 12.03.2017, 23:07
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Re: withdrawing of pension fund

Yes at this point I will quickly try to open a new comonany at 100% of my commitment and ask again .... I don't understand why law implies this limitation of one year window and also why if this is the case the AHV does not stomatically certify people indicating that they have one year if time from the receival of confirmation to eventually withdraw money to finance their company. When I calle d the AHV they told me first they could change the date of confirmation but than they told me that since company is registered they cannot do so and suggested me eventually to ask handelsregsiter to change the registration date which to me sound impossible .....
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Old 12.03.2017, 23:14
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Re: withdrawing of pension fund

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Yes at this point I will quickly try to open a new comonany at 100% of my commitment and ask again .... I don't understand why law implies this limitation of one year window and also why if this is the case the AHV does not stomatically certify people indicating that they have one year if time from the receival of confirmation to eventually withdraw money to finance their company. When I calle d the AHV they told me first they could change the date of confirmation but than they told me that since company is registered they cannot do so and suggested me eventually to ask handelsregsiter to change the registration date which to me sound impossible .....
No need to be on handlesregister,
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Old 12.03.2017, 23:22
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Re: withdrawing of pension fund

If you are not in handles register how does it work the certification of self employment?..... I am working on a new start up and we want to invest our money in completing some R&D work externally and filing a few patents.... so we will not have an income..... will it work or it better to be on bandelsregsiter ?
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Old 12.03.2017, 23:25
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Re: withdrawing of pension fund

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If you are not in handles register how does it work the certification of self employment?..... I am working on a new start up and we want to invest our money in completing some R&D work externally and filing a few patents.... so we will not have an income..... will it work or it better to be on bandelsregsiter ?
You go to AHV, show them your business plan & see if they allow you to become 100% self employed.
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Old 12.03.2017, 23:28
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Re: withdrawing of pension fund

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It has to be a 100% self employed activity to make a withdrawal, a part time send employed activity is not a reason to withdraw.
I believe that two concepts are being confused. If a person opens a side-business (Nebenerwerb) while remaining employed and covered by a Pillar II pension, the person cannot withdraw the pension funds. However, as soon as he stops his employment, he in theory can withdraw the pension funds if not more than 12 months have gone by.

FinanzMonitor.com responds in the above linked article that it is possible to withdraw Pillar II funds more than once if there are different (self-employed) business activities. See response dated 19 February 2015 to "Peter":

"Kapital aus der 2. Säule kann man nur innerhalb des ersten Jahres der Selbständigkeit beziehen. Es ist aber möglich, mehrmals die 2. Säule zu beziehen, wenn es sich um unterschiedliche Tätigkeiten handelt."
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Old 13.03.2017, 00:08
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Re: withdrawing of pension fund

Thank you all.

I will open a new company asap and as suggested i will call AHV and eventually go and present my business plan and show them why i need to withdraw my second pillar money......hope this is going to work.

without this money i will not be able to go forward.....

I am not employed at the moment so there should be not employment issues.

I will let you know. If you find out more detailed info on what to do and especially what not to do please let me know, I am sure this is useful to many.
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Old 13.03.2017, 01:13
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Re: withdrawing of pension fund

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I believe that two concepts are being confused. If a person opens a side-business (Nebenerwerb) while remaining employed and covered by a Pillar II pension, the person cannot withdraw the pension funds. However, as soon as he stops his employment, he in theory can withdraw the pension funds if not more than 12 months have gone by.
[/U]"
If it's only part time self employment, the pension can't be taken. The AVS have to accept the business is 100%, that is much more difficult than to get a part time certificate. I know this from personal experience in ZH.
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