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VAT Classification of Brokerage Fees in Financial Sector: Federal Court Decision A-5793/2022

  • Exercise caution when classifying remuneration of financial intermediaries for VAT purposes
  • Complainant acted as an asset manager receiving brokerage fees and monthly management fee
  • Dispute over whether brokerage fees are for tax-exempt brokerage service or taxable asset management service
  • Decision of Federal Administrative Court based on categorization of underlying transaction brokered
  • Complainant argues brokerage fees should be exempt fees for trading in securities or ancillary service to brokerage service
  • Complainant claims to provide brokerage services in accordance with administrative practice
  • Definition of brokerage in MBI 14 as intermediary activity working towards conclusion of contract in money and capital transactions
  • FTA considered appellant’s performance as taxable asset management based on MBI 14 section 5.10.3

Source: primetax.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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