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Old 14.02.2021, 06:45
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leave switzerland to Non EU country how about sole proprietorship

Hi,
my B permit will end at the end of April, and I now have a sole proprietorship. will my company also expired and canceled somehow when I leave Switzerland?
best
Olivia
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  #2  
Old 14.02.2021, 10:18
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Re: leave switzerland to Non EU country how about sole proprietorship

I would guess, if it's a registered company, you may need to deregister it.

https://www.kmu.admin.ch/kmu/en/home...tml#1514532549

"What procedures should an entrepreneur follow when, for one reason or another, they decide to liquidate their company?

The closure procedure differs depending on the company’s legal structure. In the case of a sole proprietorship, closure simply consists of deleting the company from the trade register, provided it is registered. To do this, the entrepreneur must contact the relevant trade register and file an application for deletion, citing the reason."

https://www.kmu.admin.ch/kmu/en/home...rocedures.html

You will also need to inform your cantonal tax office that you're leaving/closing the business since you/the company may owe tax.
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Old 14.02.2021, 12:08
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Re: leave switzerland to Non EU country how about sole proprietorship

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Hi,
my B permit will end at the end of April, and I now have a sole proprietorship.
Olivia
Did you get the permission to actually do that? Non-EU permit holders are not by default eligible of running their own business.

On the other hand, isn't it possible to extend the permit if the business is still somehow running. Or it isn't anymore ad that's the reason for the question?
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Old 14.02.2021, 12:24
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Re: leave switzerland to Non EU country how about sole proprietorship

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Did you get the permission to actually do that? Non-EU permit holders are not by default eligible of running their own business.

On the other hand, isn't it possible to extend the permit if the business is still somehow running. Or it isn't anymore ad that's the reason for the question?
From the first link:

"In a sole proprietorship, the owner does not need to be domiciled in Switzerland, but he or she must have a work permit and residence permit."

Since the OP will not have these the business can't continue to operate. Though that does sound a bit weird, since if you're not domiciled here you can't have a residence/work permit.
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Old 14.02.2021, 12:39
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Re: leave switzerland to Non EU country how about sole proprietorship

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From the first link:

"In a sole proprietorship, the owner does not need to be domiciled in Switzerland, but he or she must have a work permit and residence permit."

Since the OP will not have these the business can't continue to operate. Though that does sound a bit weird, since if you're not domiciled here you can't have a residence/work permit.
That is a very weird closed loop. And it was exactly the reason why I decided not to go private a couple of years ago, when I still had a B permit.
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Old 14.02.2021, 16:21
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Re: leave switzerland to Non EU country how about sole proprietorship

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Hi,
my B permit will end at the end of April, and I now have a sole proprietorship. will my company also expired and canceled somehow when I leave Switzerland?
best
Olivia

A sole proprietorship is not a legal entity. You go, it goes.
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Old 16.02.2021, 02:21
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I ask this question is because I want to keep paying tax, assurance on everything, but not live in Switzerland, and run my sole proprietorship remotely, because my B permit will expire and I will be unemployed, Can't live here without a permit.


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I would guess, if it's a registered company, you may need to deregister it.

https://www.kmu.admin.ch/kmu/en/home...tml#1514532549

"What procedures should an entrepreneur follow when, for one reason or another, they decide to liquidate their company?

The closure procedure differs depending on the company’s legal structure. In the case of a sole proprietorship, closure simply consists of deleting the company from the trade register, provided it is registered. To do this, the entrepreneur must contact the relevant trade register and file an application for deletion, citing the reason."

https://www.kmu.admin.ch/kmu/en/home...rocedures.html

You will also need to inform your cantonal tax office that you're leaving/closing the business since you/the company may owe tax.
I can pay the tax for everything, but not live here. and run my sole proprietorship remotely. When it is necessary, I can apply a travel visa to settle down if there's any dispute.

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From the first link:

"In a sole proprietorship, the owner does not need to be domiciled in Switzerland, but he or she must have a work permit and residence permit."

Since the OP will not have these the business can't continue to operate. Though that does sound a bit weird, since if you're not domiciled here you can't have a residence/work permit.
No, it is because my job contract is ending and I am unemployed and need to leave, but I want to keep my sole proprietorship.
actually, it is not a problem to found a sole proprietorship as a non-EU, you have to distinguish of sole proprietorship from self-employed.

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Did you get the permission to actually do that? Non-EU permit holders are not by default eligible of running their own business.

On the other hand, isn't it possible to extend the permit if the business is still somehow running. Or it isn't anymore ad that's the reason for the question?
it is not wired, for example, if you have a permit B, and hence your wife, but she comes to Switzerland only 3 months every year, the situation will apply. the problem is if your permit has expired, is that possible for you to run your sole proprietorship without paying good tax locally.

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From the first link:

"In a sole proprietorship, the owner does not need to be domiciled in Switzerland, but he or she must have a work permit and residence permit."

Since the OP will not have these the business can't continue to operate. Though that does sound a bit weird, since if you're not domiciled here you can't have a residence/work permit.
But what I pay tax, everything and even has my email box in a friend's.
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A sole proprietorship is not a legal entity. You go, it goes.
with paying tax sorry for the mistake.
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it is not wired, for example, if you have a permit B, and hence your wife, but she comes to Switzerland only 3 months every year, the situation will apply. the problem is if your permit has expired, is that possible for you to run your sole proprietorship without paying good tax locally.
it is her permit expired, sorry.
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it is not wired, for example, if you have a permit B, and hence your wife, but she comes to Switzerland only 3 months every year, the situation will apply. the problem is if your permit has expired, is that possible for you to run your sole proprietorship without paying good tax locally.

Last edited by roegner; 16.02.2021 at 22:07. Reason: Merging posts
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Old 16.02.2021, 07:36
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Re: leave switzerland to Non EU country how about sole proprietorship

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No, it is because my job contract is ending and I am unemployed and need to leave, but I want to keep my sole proprietorship.
actually, it is not a problem to found a sole proprietorship as a non-EU, you have to distinguish of sole proprietorship from self-employed.
What they mean is did you get permission to run a business here to start with because you cannot just start a business without authorisation from the Swiss authorities.

"Only holders of a valid C permit (settlement permit for third-country nationals), the spouse of a C permit holder or the spouse of a Swiss citizen have the legal right to establish their own business in Switzerland.

All other persons have no legal right to set up their own business. They must submit an application to the respective cantonal authorities. Apart from the necessary personal requirements, it is decisive in the evaluation that the company will have a "lasting positive effect or influence on the Swiss labour market"."

https://www.kmu.admin.ch/kmu/en/home...ird-state.html

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I ask this question is because I want to keep paying tax, assurance on everything, but not live in Switzerland, and run my sole proprietorship remotely, because my B permit will expire and I will be unemployed, Can't live here without a permit.
Not possible, forget it. From the above link:

"Requirements to set up a company
The following regulations regarding nationality, residence and requirements apply to
establish a:

Sole proprietorship
A sole proprietor company is owned by one proprietor only. Therefore, labour market regulations for persons apply. A residence and work permit is always required to work in Switzerland."
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Old 16.02.2021, 08:43
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Re: leave switzerland to Non EU country how about sole proprietorship

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But what I pay tax, everything and even has my email box in a friend's.
It does not matter what you do. There is no separate legal entity, once the natural person is no longer legally based in Switzerland it is over.
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Old 16.02.2021, 09:26
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Re: leave switzerland to Non EU country how about sole proprietorship

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But what I pay tax, everything and even has my email box in a friend's.
If you want to keep the company you must transform it into a Sarl/GmBH or SA/AG and appoint at least one swiss domiciled manager/director.

https://www.kmu.admin.ch/kmu/en/home...pany-sarl.html
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Old 16.02.2021, 21:50
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Re: leave switzerland to Non EU country how about sole proprietorship

can I change from sole proprietorship to sarl? and dose sarl require resident permit, i just know that they need a manager representative resident in Switzerland. how about social tax and insurances?

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If you want to keep the company you must transform it into a Sarl/GmBH or SA/AG and appoint at least one swiss domiciled manager/director.

https://www.kmu.admin.ch/kmu/en/home...pany-sarl.html
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Old 16.02.2021, 22:05
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Re: leave switzerland to Non EU country how about sole proprietorship

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can I change from sole proprietorship to sarl? and dose sarl require resident permit, i just know that they need a manager representative resident in Switzerland. how about social tax and insurances?
Read the link, all the info you need is there.

Main thing is you need CHF20k to establish a Sarl or GmbH.

The company would pay tax and if it employs anyone it'll have to provide things like accident insurance, pension contributions, etc. You'd also need someone with a resident permit here to be a company director since that is a requirement.

I'm not really getting why you want to keep this business going here. Why not just start it up in your home country or whatever country you're going to when you leave Switzerland? I'm not sure what you expect to get out of keeping the business going here.
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Old 17.02.2021, 11:43
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Just called the Caisse cantonale Vaudois de compensation avs, it is not a problem to have a B-permit Non-EU to run a business. the problem is i need to extend my permit, before that, they will hold further rights for my business activities.

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What they mean is did you get permission to run a business here to start with because you cannot just start a business without authorisation from the Swiss authorities.

"Only holders of a valid C permit (settlement permit for third-country nationals), the spouse of a C permit holder or the spouse of a Swiss citizen have the legal right to establish their own business in Switzerland.

All other persons have no legal right to set up their own business. They must submit an application to the respective cantonal authorities. Apart from the necessary personal requirements, it is decisive in the evaluation that the company will have a "lasting positive effect or influence on the Swiss labour market"."

https://www.kmu.admin.ch/kmu/en/home...ird-state.html



Not possible, forget it. From the above link:

"Requirements to set up a company
The following regulations regarding nationality, residence and requirements apply to
establish a:

Sole proprietorship
A sole proprietor company is owned by one proprietor only. Therefore, labour market regulations for persons apply. A residence and work permit is always required to work in Switzerland."
the thing is there are many business that restricts the activitiy from certain contries. so i need my company in switzelrand to continue.

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Read the link, all the info you need is there.

Main thing is you need CHF20k to establish a Sarl or GmbH.

The company would pay tax and if it employs anyone it'll have to provide things like accident insurance, pension contributions, etc. You'd also need someone with a resident permit here to be a company director since that is a requirement.

I'm not really getting why you want to keep this business going here. Why not just start it up in your home country or whatever country you're going to when you leave Switzerland? I'm not sure what you expect to get out of keeping the business going here.
i am now trying also to find an agency that able to give B permit, which i will be allowed to work outside Switzerland and still keep my company.
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It does not matter what you do. There is no separate legal entity, once the natural person is no longer legally based in Switzerland it is over.
also try to find any possible agency that do permit bussiness to get a B permit.
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Read the link, all the info you need is there.

Main thing is you need CHF20k to establish a Sarl or GmbH.

The company would pay tax and if it employs anyone it'll have to provide things like accident insurance, pension contributions, etc. You'd also need someone with a resident permit here to be a company director since that is a requirement.

I'm not really getting why you want to keep this business going here. Why not just start it up in your home country or whatever country you're going to when you leave Switzerland? I'm not sure what you expect to get out of keeping the business going here.

Last edited by roegner; 17.02.2021 at 11:55. Reason: Please use multiquote button
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Old 17.02.2021, 12:36
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Re: leave switzerland to Non EU country how about sole proprietorship

It doesn't work like that, sorry. As a non-EU you must live/work here to have a permit. No agency can get you one since it's down to the Swiss employer to apply for one on your behalf and if it's approved then you get the permit. The only way you're going to get a new B permit is to find another job here. Having a B permit and not living/working in Switzerland is not possible for non-EU nationals.

And you still haven't answered the question of whether you got permission to run a business here in the first place.
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Old 17.02.2021, 16:41
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Re: leave switzerland to Non EU country how about sole proprietorship

i just got the answer from the compensation office that B permit can run sole proprietorships, and for the Valle de Lausanne they told me that I need to get official document from the employer if i need to run the business with B permit.

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It doesn't work like that, sorry. As a non-EU you must live/work here to have a permit. No agency can get you one since it's down to the Swiss employer to apply for one on your behalf and if it's approved then you get the permit. The only way you're going to get a new B permit is to find another job here. Having a B permit and not living/working in Switzerland is not possible for non-EU nationals.

And you still haven't answered the question of whether you got permission to run a business here in the first place.
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Old 17.02.2021, 16:48
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Re: leave switzerland to Non EU country how about sole proprietorship

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i just got the answer from the compensation office that B permit can run sole proprietorships, and for the Valle de Lausanne they told me that I need to get official document from the employer if i need to run the business with B permit.

With a EU B permit it is allowed. Did they mention that you with a non EU B permit are allowed? Or how is that part with the official document to be understood?
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Old 17.02.2021, 17:11
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Re: leave switzerland to Non EU country how about sole proprietorship

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i just got the answer from the compensation office that B permit can run sole proprietorships, and for the Valle de Lausanne they told me that I need to get official document from the employer if i need to run the business with B permit.
Yes, but the point is you will have NO B permit without getting a new job here. End of story.

Yes, non-EU nationals who live/work here with a B permit can run a business with authorisation from the Swiss authorities. You wanting to do it from outside the country is not possible because you cannot get a B permit without living/working here. Your idea will not work, forget it. Move your business to whatever country you're going to, make it into a Sarl or GmbH or just close it down. Nothing else is going to work.
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Old 18.02.2021, 21:57
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Re: leave switzerland to Non EU country how about sole proprietorship

is anyone willing to sell a ready-made sarl or ghbm or LLC compan? please discuss bellow.
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Old 19.02.2021, 07:36
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Re: leave switzerland to Non EU country how about sole proprietorship

You also have to remember that if you change your company from sole proprietorship into a limited one, it will need to go through the same non-EU hiring criteria as any other Swiss company if it wants to hire you. It'll need to show it can't find a Swiss/EU national who could do whatever it is you're doing now so unless what you make is a niche/specialised product you will wouldn't be able to hire you. And again, you would have to live/work here rather than abroad.

Otherwise, yes, you can own a limited company here, but you would need a Swiss resident as a director to run it for you and they would have to hire people who live/work here. You would only be the owner, not an employee so couldn't work for the company unless it set up some sort of remote contract for which no Swiss permit is needed.
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Old 19.02.2021, 10:37
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Re: leave switzerland to Non EU country how about sole proprietorship

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Otherwise, yes, you can own a limited company here, but you would need a Swiss resident as a director to run it for you and they would have to hire people who live/work here. You would only be the owner, not an employee so couldn't work for the company unless it set up some sort of remote contract for which no Swiss permit is needed.
One can be a an employee which resides abroad and never works in Switzerland. Absolutely no issue with that. The only thing needed is the one single mandatory Swiss based representative.
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