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Improper Service in VAT Audit; Objection Decision Set Aside

  • The FTA repeatedly sent VAT audit and assessment correspondence to the wrong address, despite being told to use the correct register address and copy the trustee.
  • Because of this improper service, the taxpayer did not receive key documents and the FTA ignored documents she had already submitted.
  • The Federal Administrative Court held the decision was not null and void, but the taxpayer must not be harmed by the defective service under Article 38 APA.
  • The March 20, 2025 decision was only properly served on January 6, 2026, so the taxpayer’s January 27, 2026 objection had to be treated as timely.
  • The objection decision was set aside, and the FTA must handle the objection and protect the taxpayer’s right to be heard.

Source: bvger.weblaw.ch

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.



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