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Old 18.01.2011, 10:36
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The criteria of "living in the apt" for not paying tax for selling the previous one

The situation is the following. My husband sold apartment in canton Zurich and for the same price bought apt in Vaud. Some misterious (for me) law declares that if he LIVES in the new apt then he doesnt have to pay tax for the profit of selling the previous one. So, what does this so called LIVING mean? That he should register himself in the new commune and pay taxes from his salary there? Now imagine he gets the job not far from the previous village and rents an apt there (but still pays taxes in Vaud) And for me (his wife) it is more convenient to register myself in canton Zurich. In this case does the previous commune have a right to tax him for selling apt? According to what law?
In the new village he is registered and pays taxes, in the previous he rents the apt and his wife is registered there.
I will be more than thankful for the link to the law or for the answer. We have been quarelling about that the whole morning with my husband
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Old 18.01.2011, 10:56
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

What is your permit situation? If your permit (or his) is in any way dependent on your marriage, you two need to be registered as living at the same address. Otherwise the authorities, once they get wind of it, are likely to conclude it is only a 'marriage of convenience' and throw you/him out.

(I can't help with the tax question, sorry.)
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Old 18.01.2011, 11:02
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

Yes, thank you, your answer might be helpful for us My permit depends on the marriage But you see what is funny - when there is a normal couple of swiss then it is OK that the both work in different places and see each other only on week-end But when one is a foreigner - the it is immediately suspicious and the blame in God knows what
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Old 18.01.2011, 11:06
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

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Yes, thank you, your answer might be helpful for us My permit depends on the marriage But you see what is funny - when there is a normal couple of swiss then it is OK that the both work in different places and see each other only on week-end But when one is a foreigner - the it is immediately suspicious and the blame in God knows what
Well, you can still do that - they're not going to come round and count the toothbrushes! But legally you need to be registered with the same living address.
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Old 18.01.2011, 11:16
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

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..- when there is a normal couple of swiss then it is OK that the both work in different places and see each other only on week-end ...
My wife and I are both foreigners. However, her permit isn't dependant on mine and mine isn't on her. We can work in different places and see each other only at weekends if we want to. So this isn't anti-foreigner, xenophobic bureaucracy. Merely the terms of your permits.
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Old 18.01.2011, 12:58
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

Ok, many thanks to everybody, my situation has become more clear to me. But I still have 2 really tax questions:

1) When you sold one apt and bought another one how quickly you should declare the new one not to be taxed? I guess 2 years is not the correct answer because they anyway tax you but if you buy a new apt within 2 years you will get your tax back. So the question is to really avoid paying tax because we simply dont have this money.

2) Somebody sold apt in village X and bought in village Y. He still goes on working in village X but now is renting an apt there. He is registered in village Y and pays his income taxes there. Does he have to pay selling property tax?
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Old 18.01.2011, 13:37
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

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What is your permit situation? If your permit (or his) is in any way dependent on your marriage, you two need to be registered as living at the same address. Otherwise the authorities, once they get wind of it, are likely to conclude it is only a 'marriage of convenience' and throw you/him out.
Maybe. It would depend if the different authorities are even allowed to exchange data with one another (bizarre but true!). Even if there were an investigation, if you could prove you were visiting each other (say, with train tickets), could provide phone bills showing calls to one another, and so on, it would be clear that it was a normal marriage.
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Old 18.01.2011, 14:02
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

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Well, you can still do that - they're not going to come round and count the toothbrushes! But legally you need to be registered with the same living address.
Is it written in the emmigration law that when you get B permit as a wife you must be registered at the same place? And if the couple prefers the guest marriage - to live separately and to meet on week-ends? (Or it is just simply convenient from the tax point of view to be registered at different places)

And does the principle of innocence presumption work? Is it we who have to prove our marriage is real or they have to prove it is not?

Actually I started from taxes and now we moved to visas\permits topic
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Old 18.01.2011, 14:06
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

Warning Off Topic:-
May be it is just me but I am still unable to digest the concept of meeting ones spouse over weekend(s). I am aware that some couples do have to undertake that but still.

Actually come to think of it I will start a new thread and link on this topic

sorry for the off topic post. link to thread on topic

Last edited by borntough; 18.01.2011 at 14:10. Reason: added link to new thread
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Old 18.01.2011, 14:13
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

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Ok, many thanks to everybody, my situation has become more clear to me. But I still have 2 really tax questions:

1) When you sold one apt and bought another one how quickly you should declare the new one not to be taxed? I guess 2 years is not the correct answer because they anyway tax you but if you buy a new apt within 2 years you will get your tax back. So the question is to really avoid paying tax because we simply dont have this money.

2) Somebody sold apt in village X and bought in village Y. He still goes on working in village X but now is renting an apt there. He is registered in village Y and pays his income taxes there. Does he have to pay selling property tax?
I have to say your questions are unclear.

1) What tax are you refering to? If it is capital gains tax (Grundstuckgewinsteuer) on the sale this should be assessed before the sale as the buyer could be liable if the seller defaults. What tax on the "new one"? Do you mean 'notional rent worth' (Eigenmeitwert)? If so you Gemeinde will advise you what this is within weeks of moving in.

If you don't have the money for the taxes, which are quite reasonable, how could you afford to buy an apartment?

2) Yes.
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Old 18.01.2011, 16:31
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

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Is it written in the emmigration law that when you get B permit as a wife you must be registered at the same place? ...
What does your permit say?
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Old 18.01.2011, 17:16
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

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What does your permit say?
Nothing, I will get it in 2 months (hopefully It will be B permit based on marriage
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Old 18.01.2011, 19:30
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

If you sell an apartment and make a profit on the sale you are liable for taxes on that gain. How much depends on how long you owned the apartment and probably the commune and canton. A % of the profit is held in an account (i believe by the notaire) until you prove you have paid the tax or that you don't owe tax. Another way to avoid paying tax on the profit (gains) if the buy another apartment which you will live in, ie. a primary residence. So, yes, you have to live in this new apartment. When we bought our house, the seller provided the notaire with proof that they bought another house to release the money. I don't know how that was done as I only heard the conversation in passing. But I imagine the seller of our house also bought his house using the same notaire.

The profit is based on the buying and selling price of the original property, not on the price of the new property.

Anyway, I really think that living apart from you new husband if he is Swiss is not a very good idea. It will look very suspicious to the authorities as they will wonder why you got married if not to be a family, but perhaps just for the permit. Sure, probably not unfair but that's the way it will look as living apart from your husband is not "normal" even if it does happen sometimes.

If you are both foreigners... I can't say what the authorities will think. As was said above there are some people who live apart. But they each have their own permit and neither is a dependent of the other.
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Old 18.01.2011, 20:26
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

The answer is very clear and nice. It would be super if you can go a little bit deeper in the details. I am interested in the case of buying a new apt -primary residence - how quickly should one buy it and register there? Is there a defined period - half a year, for example?
If one is registered at this primary residence but then gets job somewhere else and rents another apt in another place (for example, in the previous village) but stays registered in the "primary residence", does it really lead to paying this famous tax? Logically it should not because then everybody who has just bought an apt has to work somewhere not far from this place ...
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Old 18.01.2011, 21:41
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

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The answer is very clear and nice. It would be super if you can go a little bit deeper in the details. I am interested in the case of buying a new apt -primary residence - how quickly should one buy it and register there? Is there a defined period - half a year, for example?
If one is registered at this primary residence but then gets job somewhere else and rents another apt in another place (for example, in the previous village) but stays registered in the "primary residence", does it really lead to paying this famous tax? Logically it should not because then everybody who has just bought an apt has to work somewhere not far from this place ...


You have two years to buy the new primary residence. But the theoretical tax owed will be held by the notaire (i think it's the notaire that holds the money) until this new primary residence apartment is purchased or your tax obligation is paid.

The rest of your question is not clear. If you are working "not far from this place" why do you need to rent another place?

Why don't you talk to the notaire that is holding the profit from the sale. He will tell you what is required.
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Old 19.01.2011, 00:27
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

Thank you again that you are still helping me The situation is a bit another one We really honestly have bought the new apt (so notary already have given us our money) but for some reasons we still prefer to stay registered at our previous place of residence. But if we stay too long then our previous village will for sure tax us. Thats why i am interested for how long can we stay like that. Doesnt exist any law which says exactly the period?
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Old 19.01.2011, 05:08
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

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Thank you again that you are still helping me The situation is a bit another one We really honestly have bought the new apt (so notary already have given us our money) but for some reasons we still prefer to stay registered at our previous place of residence. But if we stay too long then our previous village will for sure tax us. Thats why i am interested for how long can we stay like that. Doesnt exist any law which says exactly the period?
I don't know what you are talking about any more.

You want to stay registered where? In the apt you sold? You can't do that.
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Old 19.01.2011, 18:51
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

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I don't know what you are talking about any more.

You want to stay registered where? In the apt you sold? You can't do that.

Sorry, I really did not explain properly. Imagine the moving process - its not easy. So in our previous village we also rented the apt and registered ourselves there. Then we bought our primary residence but we still stay registered in the previous village. Thats why we r worried about tax because the period when we have to reregister to avoid tax is defined nowhere (or I dont know where)
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Old 19.01.2011, 20:03
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

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Sorry, I really did not explain properly. Imagine the moving process - its not easy. So in our previous village we also rented the apt and registered ourselves there. Then we bought our primary residence but we still stay registered in the previous village. Thats why we r worried about tax because the period when we have to reregister to avoid tax is defined nowhere (or I dont know where)
You need to hire a tax accountant/specialist.

Last edited by miniMia; 19.01.2011 at 20:18.
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Old 19.01.2011, 20:42
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Re: The criteria of "living in the apt" for not paying tax for selling the previous o

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Sorry, I really did not explain properly. Imagine the moving process - its not easy. So in our previous village we also rented the apt and registered ourselves there. Then we bought our primary residence but we still stay registered in the previous village. Thats why we r worried about tax because the period when we have to reregister to avoid tax is defined nowhere (or I dont know where)
So there are not two but three apartments in this story: the old one (which you've just sold) and the new one (which you've just bought) plus a third apartment, which you currently rent and officially live in. Have I got that right?
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