Autor: Roland Böhi
Paper: IFF Forum für Steuerrecht

Undercapitalization or Deemed Equity?

Dr. Roland Böhi analyses the Swiss legal basis to prevent undercapitalization. Referring to a recent decision of the Swiss Supreme Court, he demonstrates inconsistencies between legislation and tax practice which result from the legal obligation to make an economic distinction between equity and debt financing. On the basis of the Best Practice of the OECD/G20 within the framework of the BEPS Action 4 measures, he shows if and how a so-called "interest barrier" could be a viable remedy in Switzerland.