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Residency; consequences, double nationality, cross border estate planning
Beware tax pitfalls when moving from one country to another: Swiss Courts ruled that a US citizen living in the UK could not get Swiss dividend tax back
With a judgment rendered on 27 November 2020 (case no. 2C_835/2017), the Swiss Federal Supreme Court (“FSC”) confirmed a decision by the Federal Administrative Court (“FAC”) of 24 August 2017 (decision no. A-1462/2016) concerning a an individual tax residence matter...
What tax matters are important when emigrating?
When you take up residence in another country, have you obtained tax advice both on departure and on any risks of having continuing connections with your former residence? While it is possible with proper planning to minimize tax on expatriation to another country, it...
Swiss forfait tax – What you need to know
1.What is the forfait about? Switzerland has for decades had the so-called forfait taxation regime, essentially allowing foreign nationals relocating to Switzerland to pay tax on their worldwide expenditure. The forfait regime is often mentioned alongside the UK and...
Residence; estate planning; pay the right tax
French tax residency, the myth of the 183 days The dangers of assessing French tax residency by solely considering whether an individual is spending more than 183 days in France. Contrary to a popular belief, the French tax authorities and French tax courts do not...
Tax residency in Germany – an Unpleasant Surprise!
Germany is an attractive place to live in the center of Europe and the EU. It is safe, relaxed and highly developed. Its political system is stable and reliable, while its powerful economy is the largest in Europe. Known for its long and rich cultural history, Germany...
Statutory succession or last will – what is what?
We advise you on all aspects regarding the statutory law of succession or last will according to the German law. Many property owners as well as owners of other assets ask themselves whether it is advisable to make provisions for their own death, or whether it is...
Accrual of inheritance involving assets abroad – complexity frequently underestimated
An international accrual of inheritance is given when for example a German testator holds assets abroad or vice versa a foreign testator holds assets in Germany. Due to the different national regulations in each country the international assets of e.g. Germans involve...
Can I Create A Trust Under Swiss Law?
Switzerland does not have a law relating to trusts. However, it ratified the Hague Convention regarding trusts and agreed therefore to recognise trusts that are created in accordance to the convention. Switzerland, as a civil law country, does not have a law relating...
Succession in Switzerland – Last Will
The order of succession in Switzerland is determined by the Swiss Civil Code. According to the general provisions of the Swiss International Private Law Act, Swiss courts or administrative authorities at the decedent’s last domicile shall have jurisdiction over...
Estate planning and trusts in the divorce context
The creation of trusts for estate planning purposes or for tax purposes In terms of South African statutory provisions, trust assets vest in a trustee of a trust in his/her capacity as trustee – held separately from his/her personal estate. In divorce matters, in...
