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France puts tax pressure on Switzerland

France is putting Switzerland under pressure to help it recover inheritance tax from its citizens resident in Switzerland.

The French have been eyeing certain circumstances under which they have been losing out on inheritance tax to the Swiss tax authorities and have decided to push to change applicable regulations.

When a French resident inherits from a Swiss resident, the current rules say that, save for an inheritance of French real estate, any inheritance tax due is payable to the Swiss rather than the French tax authorities.

But the Swiss are also benefiting when French real estate is transferred. In order to get around the requirement for heirs to pay inheritance tax on the transfer of French real estate, property owners are transferring the property to a property company, which issues shares in return.

Upon death of the Swiss resident owner, shares instead of real estate are transferred with two consequences: first, because the asset is now shares and not property, any inheritance tax due is payable in Switzerland rather than France, and second, the inheritance tax due in Switzerland is considerably lower than it would be in France.

The French have had enough of this situation and are exerting considerable pressure, with the threat of a refusal to enter into a double tax treaty with Switzerland hanging over the negotiations.

“If France makes good its threat and terminates the double taxation agreement wealthy Frenchman will move out of Switzerland, because they do not want to pay taxes in each country and be taxed twice. The western Swiss cantons would be particularly affected,” said Christian Wanner, of the Conference of Cantonal Finance Directors.

Swiss Finance Minister, Eveline Widmer-Schlumpf has said that the French are expecting more than the Swiss are willing to give. She is scheduled to meet French president Francois Hollande in two months’ time. In the meantime, the double tax treaty is set to go before Parliament.

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SKI

Franco-Swiss cold war breaks out over ski border car park

Switzerland and France are in a snowball fight over a cross-border car park which serves Swiss ski slopes but has been closed by the French due to the coronavirus pandemic.

Franco-Swiss cold war breaks out over ski border car park
The object of the Franco-Swiss war: parking lot Les Dappes. Photo by AFP

The Battle of Dappes Car Park — for the moment a rather cold war — has been rumbling for weeks, triggered by the different Covid-19 rules on either side of an invisible line in a snow-covered field.

The 650-space car park sits in the valley between the pistes of La Dole on the Swiss side, and Les Tuffes in France. It is 250 metres inside French territory.

In the Jura mountains, the summit of La Dole overlooks Lake Geneva in the west of Switzerland — a country which has kept ski slopes open despite the pandemic, while neighbouring France has closed theirs.

So the chair lifts for La Dole sit empty — because nobody can use the shared car park in France.

“I cannot understand how the French authorities can decide that the Swiss cannot go skiing in their own country. This is a unilateral decision,” fumed Gerard Produit, tourism chief in Switzerland's Nyon region.

“We are being held hostage by the politics of both countries,” he told AFP, deploring the “legal imbroglio”.

The frozen chair lifts are an unwelcome sight for Patrick Freudiger, the boss of the Tele-Dole ski lifts company.

“In mid-December, we organised a meeting between France and Switzerland to present the Covid plan” for La Dole, Freudiger told AFP.

But since the end of December, “we have received three successive orders banning the use of the car park” — the latest one being valid until February 3.

READ MORE: Large crowds on Swiss ski slopes spark concern over coronavirus spread

'They won't listen' 

The prefecture of the Jura local authority in France told AFP the car park is “likely to encourage the gathering of more than six people in a public space in France, the mixing of groups, and therefore the circulation of the virus”.

The wider Bourgogne-Franche-Comte region has the highest intensive care bed occupancy rate in France, while the Jura local authority area has one of the highest Covid-19 incidence rates in the country.

Freudiger is fuming that the French authorities did not try to reach an agreement on access to the car park.

Rubbing salt into the wounds, the site was refurbished last year thanks to Swiss investment, as part of a project to create a cross-border ski destination.

Freudiger also voiced surprise that the car park is shut while car-pooling car parks for French inhabitants who work in Switzerland remain open.

“We tried to get in touch with the prefect; we could not reach him. They do not hear us, they won't even listen to us,” said Produit.

See you in court 

Tele-Dole filed two appeals last Friday to the Besancon administrative court in France over the situation. A hearing is scheduled to take place next Monday.

Switzerland's Nyon region wrote to the Jura authorities on Thursday requesting talks “as soon as possible” on potential solutions and “financial compensation” for Tele-Dole.

According to Freudiger, the ski lifts have already lost 40 working days — almost half the season — and 300,000 Swiss francs (€280,000).

Tele-Dole cannot claim any financial assistance from the Swiss government, because there is nothing to stop ski stations remaining open during the pandemic.

Etienne Bovard, director of La Dole's Swiss Ski School, faces the same headache. The school has around 20 instructors but has had to stop all group lessons.

“In terms of turnover, we are 20 percent down at the moment, and if this continues throughout February… it will amount to an 85 percent loss,” he said.

“What's terrible is that it's the children,” who make up 80 percent of the clientele, “who are victims of this political game”.
 

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