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Old 19.03.2021, 16:19
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Max stay for non residents

Hi everybody,

I need to understand clearly how much time I'm able to spend in Switzerland as a tourist without becoming a tax resident.

I'm an EU citizen. I was told that the duration of the tourist stay is a maximum of 3 consecutive months. Over a period of 12 months, the maximum length of stay must not exceed 6 months (2x3 months).

But then I also found a statement about a maximum stay of 90 days over a period of 183 days. Which translate in 90 days every 6 months. Does anyone know exactly what the law says about this matter?
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  #2  
Old 19.03.2021, 16:22
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Re: Max stay for non residents

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Hi everybody,

I need to understand clearly how much time I'm able to spend in Switzerland as a tourist without becoming a tax resident.

I'm an EU citizen. I was told that the duration of the tourist stay is a maximum of 3 consecutive months. Over a period of 12 months, the maximum length of stay must not exceed 6 months (2x3 months).

But then I also found a statement about a maximum stay of 90 days over a period of 183 days. Which translate in 90 days every 6 months. Does anyone know exactly what the law says about this matter?
90/180 in the ENTIRE Schengen Area, unless you live in the Schengen area when it's 90/180 in Switzerland. You could spend every other week in the Schengen area as the 180 days is rolling.
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Old 19.03.2021, 16:23
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Re: Max stay for non residents

The two statements are not mutally exclusive.

https://www.sem.admin.ch/sem/en/home...html#907438917
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2.1 How long may a third-country national (non EU/EFTA) remain within the Schengen area?
Short-term stays for third-country nationals (non EU/EFTA) within the Schengen area may not exceed 90 days in any 180-day period.

The days of entry and departure are included in the total duration of the stay.
Follow the link for more info.
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Old 19.03.2021, 16:31
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Re: Max stay for non residents

Whether you exceed your stay or not isn't itself an indicator of if you're tax resident or not, right?
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Old 19.03.2021, 17:00
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Re: Max stay for non residents

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Whether you exceed your stay or not isn't itself an indicator of if you're tax resident or not, right?
If you're here for more than 90 days then you should register as being a resident of Switzerland and no longer a tourist.

The way it works for non-EU nationals is if they're here for 90 days then they must leave for 90 days before they can come back again. Theoretically the same applies to EU nationals, but since their entry/exit from Switzerland isn't checked/recorded .... well, at least that was the case until covid hit. Whether that is still the case I don't know.
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Old 19.03.2021, 17:00
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Re: Max stay for non residents

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Whether you exceed your stay or not isn't itself an indicator of if you're tax resident or not, right?
In my case it is
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Old 19.03.2021, 17:10
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Re: Max stay for non residents

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90/180 in the ENTIRE Schengen Area, unless you live in the Schengen area when it's 90/180 in Switzerland. You could spend every other week in the Schengen area as the 180 days is rolling.
Thanks for the response.

I have an Italian passport, and maybe because my English it is not very good I don't exactly understand your answer.

Let's make a practical example. Can i stay 90/180 in Switzerland, and then again 90/180 always in Switzerland? Does it matter where i spend the other 180 days? (europe or wherever)
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Old 19.03.2021, 17:24
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Re: Max stay for non residents

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In my case it is
Glad to hear you've got it all cleared up.
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Old 19.03.2021, 17:31
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Re: Max stay for non residents

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Glad to hear you've got it all cleared up.
Yeah, about the tax residency it's all clear. Need to understand better about this short stays.
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Old 19.03.2021, 17:32
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Re: Max stay for non residents

As a tourist and only a tourist, in general, you may well become tax-resident in pretty much any country if you're there for more than half a year in a tax year. If at any time you cease to be a tourist then the amount of time can be much less.
Staying for one period of 100 days as a tourist is unlikely to make you tax resident.
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Old 19.03.2021, 17:33
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Re: Max stay for non residents

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Thanks for the response.

I have an Italian passport, and maybe because my English it is not very good I don't exactly understand your answer.

Let's make a practical example. Can i stay 90/180 in Switzerland, and then again 90/180 always in Switzerland? Does it matter where i spend the other 180 days? (europe or wherever)

Neither Schengen nor registration matters, that tax authorities don't care. The rule is:


Quote:
the individual stays in Switzerland with no intention to exercise gainful activities for a consecutive period (ignoring short absences) of at least 90 days.

Note that short term absences are ignored. That said, if you keep your head down, it's hard to see how the tax authorities would be come aware of your existence.
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Old 19.03.2021, 17:41
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Re: Max stay for non residents

You are an Italian citizen living in France, I guess your travels to Switzerland might be short and frequent more than "I am going to move to Switzerland as a tourist for three consecutive months"?
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Old 19.03.2021, 17:51
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Re: Max stay for non residents

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You are an Italian citizen living in France, I guess your travels to Switzerland might be short and frequent more than "I am going to move to Switzerland as a tourist for three consecutive months"?
See their other thread

https://www.englishforum.ch/transpor...-resident.html
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Old 19.03.2021, 18:09
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Re: Max stay for non residents

Well, if OP is buying property in Switzerland, then the situation is different.

You won't be going "under the radar" of any authorities, that's for sure.

Properties for foreigners without a Swiss permit are usually limited to touristic areas anyway.
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Old 19.03.2021, 18:16
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Re: Max stay for non residents

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Well, if OP is buying property in Switzerland, then the situation is different.

You won't be going "under the radar" of any authorities, that's for sure.

Properties for foreigners without a Swiss permit are usually limited to touristic areas anyway.
Good to know! Thanks
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Old 19.03.2021, 18:48
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Re: Max stay for non residents

For your info; if you own a property in Switzerland, you will pay property taxes in Switzerland
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Old 19.03.2021, 21:07
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Re: Max stay for non residents

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For your info; if you own a property in Switzerland, you will pay property taxes in Switzerland
Which are very low.

Tom
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