This is an automated translation.
The SwissHoldings Session Preview informs about issues relevant to our association discussed at the spring session 2025. The Preview contains a brief overview of the issues, the current state as well as a recommendations of our association.
Overview
National Council
24.073 Implementation and financing of the initiative for a 13th AHV pension
Recommendation
SwissHoldings recommends that the Federal Council’s proposal to organise the 13th AHV pension as a 13th pension payment paid once a year be accepted and approved in substance. In doing so, we are following the decisions of the Council of States and the National Council’s Social Security and Health Committee.
On the agenda on 3 March 2025
The implementation and financing of the 13th AHV pension consists of three drafts. Draft 1 deals with the implementation of the 13th old-age pension (a 13th monthly pension per year), draft 2 deals with the financing of the 13th old-age pension and draft 3 deals with the federal decree on the additional financing of the AHV through an increase in VAT.
The Council of States discussed the proposal on 4 December 2024. It agreed with the Federal Council’s proposal to introduce the 13th AHV pension, to be paid for the first time in 2026. The question of funding is to be addressed by the Council of States Committee in 2025. Like the Council of States in the winter session, the National Council committee also unanimously approved the proposal to implement the initiative for a 13th AHV pension (24.073, draft 1) in the overall vote. The committee considers the modalities and timing of the payment of the 13th AHV pension proposed by the Federal Council to be reasonable and pragmatic. From 2026, the 13th AHV pension is to be paid once a year in December to those entitled to an old-age pension. The 13th pension has no impact on the amount of the monthly retirement pension and is not taken into account when calculating the income that is decisive for the granting of supplementary benefits.
Draft 1: The bill is now being discussed in the National Council.
Draft 2 and 3: On 29 January 2025, the Council of States Committee last discussed drafts 2 and 3, including the associated results of the clarifications carried out by the Administration on behalf of the Committee. In the process, the committee issued further instructions to the administration. The Council of States Committee intends to continue its work in the second quarter.
SwissHoldings welcomes the fact that:
- the design should be an explicit 13th monthly pension;
- the additional AHV expenditure is to be financed exclusively through an increase in VAT;
- the reduction of the federal contribution in connection with the financing of the 13th AHV pension from 20.2 to 19.5 per cent is planned.
At the same time, SwissHoldings points out that the implementation of the OECD minimum taxation has made Switzerland less attractive as a business location due to the higher tax burden. Other location factors are therefore becoming increasingly important. Non-wage labour costs, such as social security contributions, increase the wage costs of Switzerland as a business location and are passed on by employers directly to employees’ wages (i.e. lower wages for local employees). This applies to both employee and employer contributions. Switzerland’s low non-wage labour costs in an international comparison are a locational advantage that must be preserved at all costs. To this end, SwissHoldings emphasises the importance of stability and legal certainty, which also includes stable non-wage labour costs.
Martin Hess Head Tax Policy & Member of the Executive Committee
✉ martin.hess@swissholdings.ch
☎ +41 (0)78 805 04 95
24.057 Double taxation agreement with Angola
24.059 Double taxation agreement with Germany
24.062 Double taxation agreement with Jordan
24.088 Double taxation. Agreement with Hungary
Recommendation
SwissHoldings is in favour of ratifying the four DTAs. The agreements improve economic cooperation, increase legal certainty and meet international standards.
On the agenda on 5 March 2025
Switzerland is updating its double taxation agreements (DTAs): a balanced agreement has been concluded with Angola, which as a developing country benefits from withholding tax and increased residual rates, while Swiss companies receive legal certainty and favourable dividend rates (statement by SwissHoldings).
The protocol of amendment with Hungary implements the BEPS minimum standard and introduces an arbitration clause to effectively eliminate double taxation – important for Switzerland as an investment hub.
The DTA with Germany was supplemented with new regulations for cross-border employment relationships and arbitration procedures. An abuse clause prevents unjustified agreement advantages.
The new DTA with Jordan creates legal certainty, improves economic cooperation and contains measures against tax evasion in line with OECD standards.
The business organisations unanimously support the four agreements. SwissHoldings particularly welcomes the introduction of arbitration clauses and the implementation of the BEPS minimum standard. The balanced consideration of the interests of developing countries such as Angola while at the same time safeguarding Swiss economic interests is positively emphasised. The new regulations with Germany on cross-border labour relations meet a practical need. The agreements improve legal certainty for Swiss companies abroad and strengthen Switzerland as a business location. The cantons were consulted and support the proposals. The agreements implement international standards and strengthen Switzerland’s position as a reliable partner in tax matters. There are no critical voices, as the agreements take account of both economic and development policy concerns.
Martin Hess Head Tax Policy & Member of the Executive Committee
✉ martin.hess@swissholdings.ch
☎ +41 (0)78 805 04 95
24.082 For a social climate policy – fairly financed through taxation (Initiative for a future). Popular initiative
Recommendation
SwissHoldings recommends following the majority opinion of the National Council committee and submitting this extremely damaging initiative to the people and cantons for rejection without a counter-proposal as quickly as possible.
On the agenda on 5 March 2025 and possibly on 18 and 19 March 2025
At its meeting on 13 December 2024, the Federal Council adopted the dispatch on the popular initiative “For a social climate policy – fairly financed through taxation (Initiative for a future)”. It rejects the initiative of the Young Socialists (JUSO) without a direct counter-proposal or indirect counter-proposal. The popular initiative calls for the introduction of an inheritance and gift tax at federal level. The tax should be levied from a one-off tax-free amount of CHF 50 million. The tax rate should be 50 per cent. Two thirds of the proceeds from this tax should go to the federal government and one third to the cantons and be earmarked for the “socially just fight against the climate crisis” and the “necessary reorganisation of the economy as a whole”. In the transitional provision, the initiative stipulates that inheritance and gift taxes will apply from the date of the vote if the initiative is accepted. The taxation would have to be applied retroactively after the implementing decrees come into force.
At its meeting on 21 January 2025, the National Council’s Committee for Economic Affairs and Taxation proposed that the people and cantons reject the initiative and refrain from submitting a counter-proposal. This was justified by the expected massive negative consequences of the initiative for the Swiss economy and public finances.
The JUSO initiative is already damaging Switzerland as a business location. Although it has been clear since the Federal Council published its dispatch in December 2024 that an exit tax is legally out of the question, the initiative is already preventing people from moving to Switzerland and fuelling legal uncertainty. Accepting the initiative would have a massive impact on Switzerland as a business location. A tax of 50 per cent would cause any family-internal succession planning of medium-sized Swiss family businesses to fail. The companies would have to be forcibly sold and would often end up in foreign hands. The model of the owner-managed medium-sized Swiss company, whose owners are important taxpayers, would be dead. In addition to medium-sized companies, many internationally active Swiss groups would also be affected. Almost half of the SwissHoldings member companies are also affected, which is why many of the co-owning families have already taken appropriate precautions. If these were implemented, this would have a significant impact on the Swiss economy as well as the financial situation of the federal government and cantons. Instead of additional revenue, a reduction in revenue must be expected if the initiative is accepted. If the current level of public service is to be maintained in the event of a yes vote to the initiative, the middle classes and Swiss SMEs would have to pay significantly higher taxes in future. According to HSG professors Föllmi and Legge, the inheritance and gift tax of 50 per cent would significantly reduce wealth creation in Switzerland and shift the ownership structure of large corporations from domestic to foreign investors, increase the cost of capital and reduce investment. A “yes” vote is expected to trigger a wave of sales among medium-sized and large family businesses, as well as a sharp decline in their investments and number of employees. The thinning out of medium-sized and large SMEs could lead to a polarisation of the economy, with a concentration of many small companies and a few large corporations, and a decline in the importance of medium-sized companies. The initiative is to be submitted to the people and the cantons without a counter-proposal. A rejection at the ballot box is crucial for the business location, as this is the only way to preserve medium-sized and multinational family businesses and prevent them from being sold abroad.
Martin Hess Head Tax Policy & Member of the Executive Committee
✉ martin.hess@swissholdings.ch
☎ +41 (0)78 805 04 95
25.008 Foreign trade policy 2024. Report
Recommendation
SwissHoldings is in favour of Switzerland’s strategy outlined in the report to strengthen its economic relations worldwide.
On the agenda on 12 March 2025
The Foreign Economic Policy Report 2024 shows that geopolitical tensions are continuing to intensify. Nevertheless, Switzerland had a record year in terms of the conclusion and further development of free trade agreements: Agreements were concluded with India, Chile, Kosovo, Thailand and Ukraine. The Federal Council also began negotiations with the EU on a new package for the further development of bilateral relations. At the same time, Switzerland is in favour of multilateral solutions within the framework of the WTO and is increasingly committed to including sustainability considerations in its trade agreements. The Federal Council also emphasises the importance of the digital economy and is pushing for international standards, particularly in digital trade and data protection.
15.01.2025: Publication of the 2024 Foreign Economic Policy Report
SwissHoldings supports the current direction of Swiss trade policy in the area of free trade agreements The Foreign Economic Policy Report 2024 shows that Switzerland has successfully continued to pursue its trade strategy this year. Particularly noteworthy is the new free trade agreement with India, which is the first European agreement of its kind and improves market access for Swiss companies. Equally important are the agreements concluded with Chile, Kosovo, Thailand and Ukraine, which facilitate bilateral trade as well as the exchange of technology and knowledge. SwissHoldings recognises these economic policy successes and emphasises the importance of stable and reliable trade relations for Switzerland as a business location. As a small, open economy, Switzerland is dependent on actively positioning itself in a fragmented global environment. The continuation of the free trade strategy and close dialogue with the EU are essential to ensure long-term economic stability and competitiveness.
Denise Laufer Head Economics & Member of the Executive Committee
✉ denise.laufer@swissholdings.ch
☎ +41 (0)76 407 02 48
21.082 Code of Civil Procedure. Amendment
Recommendation
SwissHoldings recommends following the majority of the LAC-N and not voting in favour of the bill.
On the agenda on 17 March 2025
The Legal Affairs Committee of the National Council (LAC-N) has clearly spoken out against the introduction of class actions. SwissHoldings expressly welcomes this decision. The Federal Council’s proposal would imply a massive change to the Swiss legal system. The introduction of class actions would expose companies to increased litigation risks and thus place a considerable burden on Switzerland as a business location. Negative experiences from abroad show that class actions have led to the establishment of a “litigation industry”, favoured by external litigation funders. A study commissioned by SwissHoldings and economiesuisse confirms these risks. Switzerland already has functioning mechanisms for collective dispute resolution. There is no reason to adopt undesirable developments from abroad.
The introduction of class actions has been discussed in Switzerland for over ten years. The proposal (business 21.082) was adopted in the Federal Council’s dispatch of 10 December 2021. At its last meeting on 17 October 2024, the LAC-N decided by 14 votes to 10 with one abstention not to adopt the bill. This means that a clear majority of the committee is against the adoption of a system familiar from abroad, which often leads to abuse and the financing of lawsuits by third parties. The decision now lies with the National Council, which must decide on the further handling of the bill.
SwissHoldings firmly rejects the introduction of extended class actions and class settlements. A look abroad shows that such mechanisms lead to the establishment of a “litigation industry”. Particularly in countries such as the United Kingdom, the Netherlands and Germany, class actions have led to massive cost increases for companies. In the UK, legal claims from class actions increased almost twelvefold between 2016 and 2023. In addition, over USD 1.3 billion was invested in such legal cases in the EU alone. Switzerland should not move in a similar direction. The existing dispute resolution mechanisms are sufficient. SwissHoldings calls on the National Council to follow the lead of the Legal Affairs Committee and not to vote in favour of the bill.
Denise Laufer Head Economics & Member of the Executive Committee
✉ denise.laufer@swissholdings.ch
☎ +41 (0)76 407 02 48
24.069 Trade and Economic Partnership Agreement between the EFTA States and the Republic of India. Approval
Recommendation
SwissHoldings is in favour of the agreement as it reduces trade barriers, promotes investment, strengthens sustainable development and creates legal certainty.
On the agenda on 20 March 2025
The Trade and Economic Partnership Agreement between the EFTA states and India, signed on 10 March 2024, strengthens economic relations between the two regions. It improves market access for Swiss companies and reduces trade barriers, particularly in the pharmaceutical, mechanical engineering and precision instruments sectors. 94.7% of Swiss exports benefit from tariff reductions, in some cases with transitional periods. The agreement also promotes investment and commits both sides to environmental and labour standards. A joint committee ensures implementation and dispute resolution.
Spring session 2025: Consultation in the National Council
SwissHoldings supports the agreement as it strengthens economic cooperation with one of the fastest growing markets in the world.
- Tariff reduction & market access: 94.7 % of Swiss exports receive tariff reductions, making companies more competitive.
- Investment promotion: For the first time, the agreement includes measures to increase investment and market presence in India.
- Sustainable development: Commitments to environmental and labour standards increase acceptance of the agreement.
- Legal certainty and dispute resolution: Clear rules and an institutional structure guarantee stability and long-term planning security.
This agreement strengthens trade relations and secures an advantage for the Swiss economy in a strategically important market.
Denise Laufer Head Economics & Member of the Executive Committee
✉ denise.laufer@swissholdings.ch
☎ +41 (0)76 407 02 48
21.432 Laying the foundations for a CO2 border adjustment system
Recommendation
SwissHoldings recommends cancelling the parliamentary initiative at the present time and awaiting developments in the EU and internationally. Parliament can resume the discussion in two years’ time when the framework conditions are clearer.
On the agenda on 21 March 2025
The parliamentary initiative deals with the introduction of a CO₂ border adjustment system for Switzerland. The National Council is now examining whether the processing period should be extended by two years. The aim of the initiative is to avoid distortions of competition through lower CO₂ levies abroad and to reduce carbon leakage. The EU is currently introducing a comparable system (CBAM), but it is still in a transitional phase and faces considerable implementation problems. The EU is currently examining adjustments, including possible exemptions for 80% of companies, in order to reduce bureaucracy. There is also uncertainty as to how the Trump administration or other international trading partners will position themselves on CBAM. As the impact of CBAM in the EU is still unclear, Switzerland should not act prematurely. The topic may be revisited at a later date.
National Council spring session 2025: examination of extending the deadline by two years for dealing with the parliamentary initiative
SwissHoldings welcomes a coherent CO₂ border adjustment strategy, but warns against bureaucratic hurdles and administrative burdens for companies. Challenges exist in particular with regard to data validation, decentralised reporting and the procurement of reliable CO₂ emissions data from suppliers. It also remains unclear who is responsible for reporting. As the EU itself is facing considerable implementation problems with CBAM and possible adjustments such as exemptions for 80% of companies are being discussed, Switzerland should refrain from introducing its own regulation for the time being. SwissHoldings therefore supports the cancellation of the parliamentary initiative. If CBAM establishes itself as a viable system in the EU, Parliament can take up the issue again at a later date. The decisive factor is a WTO-compliant and business-friendly solution that creates planning security for companies and avoids international trade conflicts.
Denise Laufer Head Economics & Member of the Executive Committee
✉ denise.laufer@swissholdings.ch
☎ +41 (0)76 407 02 48
Martin Hess Head Tax Policy & Member of the Executive Committee
✉ martin.hess@swissholdings.ch
☎ +41 (0)78 805 04 95
Council of States
23.086 Investment Control Act
Recommendation
SwissHoldings is in favour of the EATC-S’s decision to reject the Investment Control Act. This prevents additional bureaucracy and strengthens Switzerland as a business location.
On the agenda on 17 March 2025
The introduction of an investment review was intended to prevent foreign takeovers of domestic companies if they jeopardise public safety. However, the EATC-S decided not to vote in favour of the bill by 8 votes to 4. Critical infrastructures are already protected and the extensions proposed by the National Council would create unnecessary bureaucracy and legal uncertainty without offering any real added value. A minority, on the other hand, believes that a debate on investment controls is necessary.
14.11.2024: EATC-S decides by 8:4 votes not to accept the proposal
Spring session 2025: Consultation in the Council of States
SwissHoldings is in favour of an open, investment-friendly business location and welcomes the EATC-S’s decision. The planned investment review would not have provided any additional protection, but would have had considerable economic disadvantages. Critical infrastructures are already protected and Switzerland would lose its attractiveness as a business location if a comprehensive audit were introduced. In addition, foreign retaliatory measures could follow. A reliable business location must offer investors security instead of being deterred by excessive regulations.
Denise Laufer Head Economics & Member of the Executive Committee
✉ denise.laufer@swissholdings.ch
☎ +41 (0)76 407 02 48
24.4272 Increase in the army budget and counter-financing over the period 2025-2032
Update from 24 February 2025: In a press release, the Finance Committee of the Council of States announced that the motion would be withdrawn. Instead, a report will be requested from the Federal Department of Finance for further clarifications.
Recommendation
SwissHoldings recommends rejecting the motion. Adjusting the distribution key for income from the supplementary tax is not the right way to counter-finance the army budget.
On the agenda on 17 March 2025
The motion approved by the Finance Committee of the Council of States instructs the Federal Council to increase the army budget by CHF 900 million per year in each of the years 2029 to 2032 compared to the current financial planning. As a counter-financing measure, the motion stipulates that the dispatch on the OECD minimum tax should be submitted to the Federal Assembly as early as 2025, i.e. earlier than provided for in the Constitution (Art. 197 para. 15 (8)). The distribution formula for revenue from the supplementary tax in accordance with Art. 197 para. 15 para. 6 of the Federal Constitution is to be adjusted between the Confederation and the cantons and the Confederation is to be allocated a share of 50 per cent. Half of the resulting additional revenue for the Confederation is to be earmarked for increasing the army budget.
19.11.2024: FC submits motion
It should be noted at the outset that SwissHoldings is unable to comment on the issue of increasing the army budget, as military security issues are not dealt with by our business association. Our position is therefore limited below to the financing of the additional army expenditure envisaged by the motion.
SwissHoldings is clearly opposed to the adjustment of the distribution key and the early publication of the dispatch. The motion would lead to lower revenues for the Confederation, weaken the attractiveness of Switzerland as a business location and restrict Switzerland’s flexibility, which is important in this very dynamic project.
- The OECD project will face considerable changes in the coming months. Switzerland must be able to react flexibly.
The OECD minimum tax rate has faced major challenges since US President Trump took office. The new president announced that the US would withdraw from the project and take countermeasures such as tariffs against countries that levy discriminatory and extraterritorial taxes against the US. President Trump also announced the goal of the USA reducing its federal income tax rate to 15 per cent. If the US Congress approves all or part of the announced profit tax cut, global tax competition could flare up again. Countries such as India, China and many others are still unlikely to introduce the minimum tax under these circumstances. We therefore expect to see significant changes in the OECD project in 2025. These could range from an implosion of the minimum tax to major adjustments to the content that significantly limit the impact of the minimum tax (including the associated financial effects). (further information can be found here). Against this backdrop, we do not believe it is appropriate to demand that the Federal Council carry out a consultation and present a dispatch on the implementation of the minimum tax before 2025. The current regulations, which give the Federal Council considerable room for manoeuvre, must not be restricted under any circumstances. They enable our government to protect Switzerland’s interests in the best possible way in this dynamic situation. Many countries envy Switzerland this flexibility. The EU member states, for example, implement the minimum tax via an EU directive, which can only be amended or cancelled unanimously.
- An increase in the federal share of the supplementary tax is likely to lead to lower revenues.
SwissHoldings is also critical of the adjustment to the distribution key envisaged by the motion. Taking into account the financial regulations of the Federal Constitution, the cantons would be entitled to the entire revenue from the supplementary tax. The cantonal to federal distribution key of 75 to 25 per cent was a goodwill solution on the part of the cantons. If the Confederation decides to adjust the distribution formula in its own favour, it is disregarding the cantons’ goodwill. The cantons should not put up with this. The cantons and communes have autonomy in terms of corporate taxation (Art. 129 para. 2 BV). This allows the cantons to raise the ordinary profit tax rates (including the federal share of 8.5%) to a total of 15 per cent or more. There will then be no more supplementary taxes and the Confederation will receive nothing.
- The increase in cantonal profit tax rates triggered by the motion damages the attractiveness of the location. Above all, this places a burden on federal finances.
The biggest financial beneficiary of fiscally attractive cantons is the federal government. Even with a statutory profit tax rate of 12 per cent (8.5% federal plus 3.5% cantonal), for example, most of our companies do not have to pay any supplementary tax due to the different assessment basis of the OECD minimum taxation. If the cantons now increase their profit tax rates to a total of 15 per cent so that they no longer have to pay supplementary tax to the federal government, the companies concerned will be faced with an unnecessary increase in profit tax. This makes the canton less attractive as a business location. The federal government is thus cutting its own throat, as it benefits enormously from attractive cantons. For example, corporate tax payments to the Confederation have again increased massively in 2024 (+1 billion in profit tax; +470 million in withholding tax, primarily from dividends from Swiss corporations; +220 million from stamp duties, i.e. the Swiss financial transaction tax). If the federal government wants even higher revenues in future, it should further improve the tax appeal.
Martin Hess Head Tax Policy & Member of the Executive Committee
✉ martin.hess@swissholdings.ch
☎ +41 (0)78 805 04 95
23.3224 Institutional reform of the Competition Commission
SwissHoldings supports the critical debate and in-depth examination of the institutional reform and calls for a clear separation between the investigative and decision-making authorities and therefore supports the motion.
On the agenda on 19 March 2025
The functioning of the Competition Commission (COMCO) has been criticised, in particular regarding communication, non-observance of the presumption of innocence, duration of proceedings and availability. An institutional reform is required to review the structure, powers and resources of the Commission. A functional separation between prosecutor and judge must be guaranteed. An earlier legislative amendment to reform the competition authorities was rejected, but the Federal Council is now planning to reconsider it. The creation of an independent court for cartel offences is being discussed in order to strengthen the rule of law.
On 15 March 2024, the Federal Council decided that the EAER should prepare a draft reform by mid-2025. The basis for this was the final report chaired by former federal judge Hansjörg Seiler, which found that COMCO functions well in principle and has no constitutional deficiencies. The separation is now to be made more effective by, among other things, the Secretariat conducting investigations consistently without the involvement of COMCO, with COMCO remaining a militia authority. It is also being examined whether the COMCO could be relieved by a person in charge of the proceedings. Finally, the Federal Council would also like to strengthen the appeals procedure of the Federal Administrative Court by appointing part-time specialised judges. The Federal Council is thus following the recommendations of the Expert Commission overall. Motion Wicki (Français) 23.3224, which aims to ensure the functional separation of prosecutors and judges, was not dealt with on 19 December 2024, but is now expected to be discussed in the Council of States on 19 March 2025.
SwissHoldings welcomes the fact that the much-demanded institutional reform has now been taken up in parallel with the ongoing revision of the Cartel Act. The intended changes show a clear commitment to modernising and strengthening the existing institutional structures in antitrust law. However, it will be necessary to examine whether the proposed changes, particularly a change of system, are expedient. SwissHoldings will position itself accordingly during the consultation process and is in favour of separating the investigating and decision-making authorities. A corresponding position paper will be published shortly.
Felix Küng Legal Manager
✉ felix.kueng@swissholdings.ch
☎ +41 (0)31 356 68 64
22.4404 Speed up procedures. Increase legal certainty
Recommendation
SwissHoldings is in favour of an in-depth examination of possible measures to speed up competition proceedings, taking into account the procedural guarantees guaranteed by the ECHR, and therefore supports the main features of the motion.
On the agenda on 19 March 2025
The motion instructs the Federal Council to amend the legal basis so that investigations in cartel proceedings last a maximum of one year. The Competition Commission’s decision-making phase must be initiated by the Secretariat no later than one year after the start of the investigation. The duration may be extended by the Commission by a maximum of one further year at the request of the Secretariat.
The Council of States is expected to deal with the motion on 19 March 2025.
SwissHoldings is in favour of taking into account the complexity of the matter, the scope of the necessary clarification of the facts, the rights of the parties, the resources of the competition authorities and courts and their independence. Precisely because KG sanction proceedings are proceedings within the scope of application of the criminal procedural guarantees of the Federal Constitution and the ECHR, party and procedural rights (in particular: the right to be heard) must be more strongly emphasised. Therefore, no compromises must be made with regard to the rule of law. In principle, SwissHoldings supports new regulations on time limits that shorten the procedures of authorities and courts. However, these should also offer the necessary flexibility to adequately meet the challenges of clarifying antitrust law issues. In the view of SwissHoldings, rigid deadlines can jeopardise the quality of investigations and decisions. Accelerating proceedings yes, but with a certain degree of flexibility.
Felix Küng Legal Manager
✉ felix.kueng@swissholdings.ch
☎ +41 (0)31 356 68 64
