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Old 05.10.2021, 08:03
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staying all the time somewhere else

Asking for a friend..

Say he owns a flat but stays at his girlfriend's 'all the time'.. no paperwork or contracts involved.. no money changes hands.. but one flat stays empty and the other one has 2 people in it 'all the time'

I can't imagine there would be any implications.. but I've lived here long enough to know there's often a catch.

Are there any tax or legal, or any other, consequences ?
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Old 05.10.2021, 08:16
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Re: staying all the time somewhere else

If it is really is 'full time' in the true sense of the phrase (ie: your friend does really spend all his time there), then why would your friend not formally move in with his girlfriend and make some money by renting out his apartment?
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Old 05.10.2021, 08:35
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Re: staying all the time somewhere else

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Asking for a friend..

Say he owns a flat but stays at his girlfriend's 'all the time'.. no paperwork or contracts involved.. no money changes hands.. but one flat stays empty and the other one has 2 people in it 'all the time'

I can't imagine there would be any implications.. but I've lived here long enough to know there's often a catch.

Are there any tax or legal, or any other, consequences ?
Check with the Geminde, they often have rules requiring you register long staying guests.
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Old 05.10.2021, 08:35
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Re: staying all the time somewhere else

I assume you’re asking about the rental contract? It really depends on a few factors:

1) the landlord— do they care or not?
2) the other tenants — will the second tenant be reported or not?
3) the Council — will they find out or not (tax purposes)

We had a case where we rented a flat to a single person cheaper than normal. After some time, she found a boyfriend who moved in and so we increased the rent. This was all detailed in the contract she signed so there were no surprises.
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Old 05.10.2021, 08:36
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Re: staying all the time somewhere else

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Are there any tax or legal, or any other, consequences ?
As long as both houses are in Switzerland I don't see an issue.

Maybe her neighbors could formally complain if her apartment is limited to 1 occupant by contract, but I don't think it's the case...
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  #6  
Old 05.10.2021, 08:51
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Re: staying all the time somewhere else

Technically, the center of life changes but I don't anyone will be bothered about it as both places are in Switzerland. Except for the geranium police of course.
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Old 05.10.2021, 08:59
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Re: staying all the time somewhere else

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Technically, the center of life changes but I don't anyone will be bothered about it as both places are in Switzerland. Except for the geranium police of course.
That’s not quite true. In the end, it’s about what’s on the contract and taxes. If they both live in the same area, it won’t affect the tax situation.
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Old 05.10.2021, 09:10
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Re: staying all the time somewhere else

If you keep quiet none cares
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Old 05.10.2021, 09:30
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Re: staying all the time somewhere else

Could this not been seen as tax avoidance - if the apartment not lived in is in a lower tax canton? Although cost of apartment would probably make it more expensive overall.
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  #10  
Old 05.10.2021, 10:21
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Re: staying all the time somewhere else

If the two places are not in the same commune there will be tax issues, even if the tax rate is the same.

Both people need to be registered where they live, not where they rent.
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Old 05.10.2021, 10:24
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Re: staying all the time somewhere else

Are both places in same Kanton?

If it is to cut taxes, that person might, or might not- get away with it. Just depends if someone picks up on it and decides to 'talk', or not.

Last edited by JackieH; 05.10.2021 at 10:47.
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Old 05.10.2021, 10:40
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Re: staying all the time somewhere else

I had someone want to pay cash to live unofficially as he didn't want to break is residence in his canton as he wanted to aim for citizenship.

others might want to try this to stay in a lower tax canton.

i know another case where a guy sublet his flat but was never there and kept it formally to remain resident.
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Old 05.10.2021, 10:44
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Re: staying all the time somewhere else

Here's a rather wishy-washy answer to the question. It does not take into account possible issues with the council.

Taken from: https://www.immoscout24.ch/de/c/d/im...he-lage?a=1565

You get to know each other, fall in love and at some point feel the desire to build a nest together - a nice feeling. If it weren't for the landlord, who wants to put obstacles in your way. He ruthlessly refers to the rental agreement, which states that the apartment is only intended for a single person. What to do?
The lease agreement must not prevent cohabitation

The number of persons stated in the rental agreement is a non-binding guideline. Therefore, as long as the apartment is not overcrowded, the landlord has no right to prohibit you from living together with your partner.

The situation is different if you want to take in a subtenant. In such a case, you would have to ask the landlord for permission. However, a life partner is not considered a subtenant, even if he or she pays part of the rent.

As with any rule, there are exceptions. If one partner of a married couple is from outside the EU/EFTA area, the migration office can make the residence permit conditional on the availability of a "needs-based" apartment. Under (certain) circumstances, the landlord's consent may also be required.
New contract: All parties must agree

If your partner moves in with you, the tenant cannot demand that a new lease be drawn up. However, you also have no right to do so. The agreement of all three parties is required for the conclusion of a joint tenancy agreement.

If the old contract remains in force, this means that only the registered tenant can assert his or her rights (except with a corresponding power of attorney). However, if you are married or living in a registered partnership, the partner not mentioned in the contract also has certain tenant rights.

Examples: If a notice of termination occurs, the unregistered partner can also contest it and request an extension of the tenancy. A notice of termination is only valid if each of the two partners has received a copy by separate mail. For this purpose, the landlord must use a special, officially approved form.
Joint contract: Yes or No?

A joint contract clearly has a certain symbolic power. However, in the event of a separation, such a contract can also become an obstacle, as it can only be terminated jointly. Accordingly, one partner cannot simply withdraw without the consent of the other.

You should also be careful if the landlord presses for a new, joint contract. Under certain circumstances, you may negotiate new and less favorable conditions.

Example: You signed the old lease at the beginning of 2013 - at a reference interest rate of 2.25 percent. If you replace it now (March, 2017) - at a reference interest rate of 1.75 percent - with a new one with unchanged rent, this means a hidden rent increase of over 10 percent.

Tip: Have your partner declared a co-tenant in an addendum to the existing lease instead of signing a new, joint lease.


Translated with www.DeepL.com/Translator (free version)
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Old 05.10.2021, 11:19
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Re: staying all the time somewhere else

They should just make sure to rent their own parking space at the GF's place if she lives in a flat with visitor parking. I know the law doesn't require it on the surface but in the end, if the person practically lives somewhere, they are using more than their fair share of a communal resource. It also draws out the busybodies who start tracking who is where how often.

The magical number tends to be 183 days per year when it comes to tax decisions. If they want to be sure to avoid pointed questions, I guess there's the Wochenaufenthalter status.
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Old 05.10.2021, 11:29
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Re: staying all the time somewhere else

We were told of once when we got to our flat in the UK and parked in our (paid for) space - by the person who has appropriated the space! We know people use our space all the time, and we don't mind at all - but to be told off for using it ourselves- was a bit much, lol.

Same happened to both our daughters when they went to stay there.
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Old 05.10.2021, 11:35
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Re: staying all the time somewhere else

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We were told of once when we got to our flat in the UK and parked in our (paid for) space - by the person who has appropriated the space! We know people use our space all the time, and we don't mind at all - but to be told off for using it ourselves- was a bit much, lol.

Same happened to both our daughters when they went to stay there.
Put a lockable bollard on there. That way they know you are authorized to use it if you can unlock it.
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Old 05.10.2021, 13:43
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Re: staying all the time somewhere else

That would be quite selfish. I am quite happy that the space is of use when we are not around- just that it should be 'liberated' without us or our guests being told off, lol!
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Old 05.10.2021, 13:49
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Re: staying all the time somewhere else

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That would be quite selfish. I am quite happy that the space is of use when we are not around- just that it should be 'liberated' without us or our guests being told off, lol!
Would be quite annoying when you get there to find the space in use and you have no where to park though.
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Old 05.10.2021, 14:11
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Re: staying all the time somewhere else

Exactly- but quickly sorted. One daughter arrived there once and parked, and as she was walking to the door, someone came running and said 'sorry but you can't park there, it's our place' she laughed and said 'no it's my parents'.

As we have allowed daughters, family and friends to stay there many times- we have twice been sent e-mails by the local Council asking us to confirm that we do not rent the place or use it as RbnB. Can only be because some busy body told them so.
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