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Old 14.10.2020, 10:51
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Taxes on Dividends French SASU for Swiss Tax resident

Hi there, this topic has been raised partially in past posts but I am struggling to find information that guarantee me that my computation is 100% right in my specific case.

My situation is that I am a French tax resident for now, own 100% of a SASU in France (i.e. a SASU is not defined as Sole Trader, SASU have limited liability, limited to the EUR 1000 in Capital I brought in), the SASU never paid me or anyone a salary or paid a dividend (basically this is a pile of cash sitting there). At the same time, I am unemployed and receive unemployment benefit (unbelievable but that is absolutely legal in France as I am also looking for a job), pay taxes on unemployment benefit, social charges etc.

I am about to relocate to Switzerland (Zurich) this month or next to join my wife who moved there in August with the kids (we have separate fiscal addresses, this also is legal in our case) but I am wondering whether I should pay myself a dividend while still a French tax resident (flat tax at 30%) or pay myself once in Switzerland.

As far as I understand, I:
- would be taxed 12.8% withholding tax in France if I can prove that I am Swiss tax resident (Filling formulary 5000 aka cerfa 12816.03 to be stamped by Zurich tax authorities and to then be sent to my French Corporate Bank for payment of dividend with 12.8% taxes deducted)
- then fill a tax return in Switzerland in 2021 for which I would pay taxes on only 60% of the dividend received in 2020, the tax rate applied being the tax rate coming from adding these 60% of dividend (before the 12.8% french tax) on top of what my wife earns each month (multiplied by 12)
- then ask my Swiss tax bill for 2020 to be reduced of the 12.8% taxes paid to France (Formulary DA-1 aka "demande d'imputation forfaitaire" in French).

Based on a CHF 190,000 gross dividend and wife at CHF 140,000 Gross salary per year (and 2 kids aged 3 and 5), my computation (based on this website https://swisstaxcalculator.estv.admi...ome-wealth-tax) suggests that my dividends would increase my Swiss tax bill by CHF 36,500, translating into an implied Dividend tax rate of 19.2% (36500/190000).

Do you think I get these septs and computation right?

Thanks in advance for your help (none of my friends, most of them working in Finance) have any clue about that mechanism...
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