Tag: Principe inquisitoire

Switzerland vs "Contractual Seller SA", May 2020, Federal Administrative Court, Case No A-2286/2017

Switzerland vs “Contractual Seller SA”, May 2020, Federal Administrative Court, Case No A-2286/2017

/ Arm's length principle, British Virgin Islands, Decision in favor of tax authority, Evidence, Federal Administrative Court, Guernsey, Hidden distribution of profits, Instruktionsmaxime, Legal formality, Principe inquisitoire, Sales and Marketing Hubs, Sales and Marketing Hubs, Statute of limitation, Switzerland, Tax Planning (Aggressive), Tax Planning (Aggressive), Time-barred, Withholding tax, Withholding Tax (WHT), Withholding Tax (WHT), Written Agreement/Contract
C. SA provides “services, in particular in the areas of communication, management, accounting, management and budget control, sales development monitoring and employee training for the group to which it belongs, active in particular in the field of “F”. C. SA is part of an international group of companies, G. group, whose ultimate owner is A. The G group includes H. Ltd, based in the British Virgin Islands, I. Ltd, based in Guernsey and J. Ltd, also based in Guernsey. In 2005, K. was a director of C. SA. On December 21 and December 31, 2004, an exclusive agreement for distribution of “F” was entered into between L. Ltd, on the one hand, and C. SA , H. Ltd and J. Ltd, on the other hand. Under the terms of this distribution agreement, L. Ltd. undertook to supply “F” to the three companies as of January 1, 2005 and for a period of at least ten years, in return for payment ... Read more