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Understanding the Impact of New E-commerce VAT Rules in Switzerland

  1. Effective Date:
    • The partial revision of the Swiss VAT Law (rVATL), adopted by the Swiss Parliament in June 2023, will come into force on January 1, 2025.
    • The revised law encompasses various changes, with the e-commerce rules being particularly significant.
  2. E-Commerce VAT Rules:
    • Under the new rules, electronic platforms will be considered as “deemed suppliers” for all supplies of goods they facilitate, unless specific conditions are met.
    • Additionally, electronic platforms may be requested by the Swiss Federal Tax Administration (SFTA) to provide information on sellers.
    • This change will impact all businesses engaged in e-commerce supply chains in or into Switzerland.
  3. Current Rules:
    • Currently, when a mail-order seller sells goods into the Swiss territory through an electronic platform acting as a direct representative (disclosed agent), the seller is considered the supplier of the goods to the buyers.
    • If goods are shipped from abroad to Swiss buyers, the mail-order seller typically has no Swiss VAT obligations.
    • However, a deviation from this rule was introduced in 2019 for “low-value goods” exceeding the CHF 100,000 threshold. In such cases, the mail-order seller must register for Swiss VAT and collect VAT on local supplies.
  4. Impact on Electronic Platforms:
    • The upcoming changes mean that electronic platforms themselves, acting as direct representatives, will now be part of the supply chain from a Swiss VAT standpoint.
    • They will have obligations arising from the underlying supply of goods they facilitate.

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