AEOI Ordinance
Inserted by No I of the O of 26 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 817).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 …
Art. 1
Repealed by No I of the O of 7 Nov. 2018, with effect from 1 Jan. 2019 (AS 2018 4333).
Section 1a. Relevant Version of the OECD Commentar
Inserted by No I of the O of 26 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 817).
Art. 1a
The version of the Organisation for Economic Co-operation and Development (OECD) commentaries on the Model Competent Authority Agreement and the Common Standard on Reporting and Due Diligence for Financial Account Information (CRS) that is relevant under Article 2b paragraph 2 of the AEOIA is that of 27 March 2017. The relevant version of the OECD commentaries on the Addendum to the Multilateral Model Competent Authority Agreement on the Automatic Exchange of Financial Account Information and on the Amendment of the CRS is that of 8 June 2023.
These commentaries may be accessed free of charge at: www.oecd.org > Topics > Taxation > Tax Transparency and International Co-operation > Related Publications > Standard for Automatic Exchange of Financial Account Information in Tax Matters, Second Edition. These commentaries may be accessed free of charge at www.oecd.org > Topics > Taxation > Tax Transparency and International Co-operation > Related Publications > International Standards for Automatic Exchange of Information in Tax Matters: Cr
Section 2 Non-Reporting Financial Institutions
Art. 2 Collective investment vehicles
1 The following collective investment vehicles are treated as non-reporting financial institutions under Article 3 paragraph 7 AEOIA, provided that all interests are held by or through individuals or entities which are not reportable persons and that the requirements set out in Article 3 paragraph 8 of the AEOIA are met: a. contractual funds under Articles 25 to 27 and 118a–118p of the Collective Capital Investment Schemes Act of 23 June 2006 (CISA); b. investment companies with variable capital under Articles 36 to 52 and 118a–118p CISA; c. limited partnerships for collective investments under Articles 98 to 109 and 118a–118p CISA; d. investment companies with fixed capital under Articles 110 to 118 CISA; e. investment companies in the form of Swiss companies limited by shares listed on a Swiss stock exchange under Article 2 paragraph 3 of the CISA. 2 However, these vehicles are deemed to be reporting financial institutions if interests are held by or through passive non-financial ent
Para. 1 let. a — Amended by No I of the O of 26 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 817). Para. 1 let. a — SR 951.31 Para. 1 let. b — Amended by No I of the O of 26 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 817). Para. 1 let. c — Amended by No I of the O of 26 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 817). Para. 2 — Amended by No I of the O of 26 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 817).
Art. 3 Entities active in asset management or investment advice
Entities active in asset management or investment advice which, based on a customer’s power of attorney or as the body of a company or a foundation, exclusively manage assets held in the name of the customer, company or foundation with a financial institution in Switzerland or abroad are treated as non-reporting financial institutions under Article 3 paragraph 11 AEOIA.
Art. 4 Central securities depositories
Central securities depositories under in accordance with Article 61 of the Financial Market Infrastructure Act of 19 June 2015 are deemed to be non-reporting financial institutions under Article 3 paragraph 11 AEOIA for activities requiring authorisation under that Act, provided the account holders are the following persons or entities: a. individuals or entities that are not reportable persons; or b. passive NFEs with controlling persons that are not reportable persons.
SR 958.1
Art. 5 and 6
Repealed by No I of the O of 26 Nov. 2025, with effect from 1 Jan. 2026 (AS 2025 817).
Art. 6a Qualified non-profit entity
1 With the exception of companies under Articles 620–827 of the Code of Obligations (CO) and cooperatives with share capital in accordance with Articles 828–926 CO, entities resident in Switzerland are deemed to be qualified non-profit entities in accordance with Article 3 paragraph 9bis AEOIA if they meet the following requirements: a. They are established and operated in Switzerland and exclusively for religious, non-profit, scientific, artistic, cultural, sporting or educational purposes or they are established and operated in Switzerland and are professional or trade associations, chambers of commerce, employee association, agricultural or horticultural associations, citizens’ associations or organisations that are operated exclusively for the promotion of social welfare. b. They are exempt from paying income or profit tax in Switzerland. c. They have no shareholders or members who hold rights of ownership or use over their income or assets. d. Under Swiss law or the entities’ foun
Art. 6a — Inserted by No I of the O of 26 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 817). Para. 1 — SR 220 Para. 2 — SR 642.11
Art. 7
Repealed by No I of the O of 11 Nov. 2020, with effect from 1 Jan. 2021 (AS 2020 5251).
Section 3 Excluded Accounts
Art. 8 Accounts of lawyers or notaries
1 Depository or custodial accounts held by lawyers or notaries licensed in Switzerland or by a firm of lawyers or notaries licensed in Switzerland that are organised in the form of a company on behalf of customers as the beneficial owners of the assets deposited are treated as excluded accounts. 2 The assets that may be held in such accounts and the conditions under which such accounts may be held are governed by the Agreement of 14 February 2013 between Switzerland and the United States of America for cooperation to facilitate the implementation of FATCA.
Para. 2 — SR 0.672.933.63
Art. 9–11
Repealed by No I of the O of 26 Nov. 2025, with effect from 1 Jan. 2026 (AS 2025 817).
Art. 12 Accounts of co-owners associations
Reporting Swiss financial institutions may treat accounts of co-owners associations as excluded accounts in accordance with Article 4 paragraph 3 of the AEOIA provided: a. the shares in co-ownership under Article 23 of the Land Register Ordinance of 23 September 2011 are recorded in the land register; b. the co-owners have agreed use and management regulations under Article 647 of the Civil Code (CC) in which it is stipulated that the financial assets managed by the co-owners’ association be used exclusively for expenditures in connection with the property in co-ownership; and c. the use and management regulations under Article 649a paragraph 2 CC is noted in the land register.
Art. 12 — Amended by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5251). let. a — SR 211.432.1 let. b — SR 210
Art. 13 Accounts of condominium owners associations
Reporting Swiss financial institutions may treat accounts of condominium owners associations as excluded accounts in accordance with Article 4 paragraph 3 of the AEOIA provided the condominium owners associations meet the requirements set out in Article 712l paragraph 2 of the CC.
SR 210
Art. 14 Dormant accounts
Reporting Swiss financial institutions may treat dormant accounts in accordance with Article 11 paragraph 6 letters a and b AEOIA that have a balance or value of no more than USD 1,000 at the end of the calendar year or another appropriate reporting period or at the time of account closure as excluded accounts in accordance with Article 4 paragraph 3 of the AEOIA.
Art. 14 — Amended by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5251).
Art. 15
Repealed by No I of the O of 11 Nov. 2020, with effect from 1 Jan. 2021 (AS 2020 5251).
Art. 16
Repealed by No I of the O of 26 Nov. 2025, with effect from 1 Jan. 2026 (AS 2025 817).
Art. 17 Accounts of deceased persons
Reporting Swiss financial institutions may treat deceased persons’ accounts as accounts held exclusively by an estate with its own legal personality, and thus as excluded accounts, until the community of heirs is dissolved, provided the deceased’s death was notified to them by an opened will, a death certificate or in another appropriate form.
Section 4 Residence of Financial Institutions in S
Art. 18 Financial institutions subject to and exempt from tax
The following are treated as resident in Switzerland in accordance with Article 5 paragraph 1 AEOIA: a. financial institutions that are subject to unlimited taxation in Switzerland or that have an economic affiliation in accordance with Article 4 paragraph 1 letter b or Article 51 paragraph 1 letter b DFTA; b. tax-exempt financial institutions established under Swiss law.
Amended by No I of the O of 26 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 817). let. a — Amended by No I of the O of 26 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 817). let. a — SR 642.11
Art. 19 Trusts regulated abroad
Trusts that are regulated abroad as collective investments vehicles are not treated as resident in Switzerland irrespective of the trustees’ domicile.
Art. 20 Place of management
The place of management in accordance with Article 5 paragraph 2 letter b of the AEOIA is the place of effective administration in Switzerland.
Section 5 Alternative Provisions of the OECD Comme
Art. 21
The alternative provisions of the OECD commentary on the CRS are contained in the annex. They apply insofar as that is not precluded by the agreement applicable in the particular case.
Section 6 Further Details on the General Reporting
Art. 22 Amount and classification of payments
1 Reporting Swiss financial institutions report payments in favour of a reportable account as: a. interest; b. dividends; c. proceeds from sales or redemptions; d. other income. 2 Interest is in particular interest on bonds, mortgage certificates and land charge certificates issued in series, debt register assets and customer assets. 3 Dividends are in particular distributions of profit, liquidation surpluses and pecuniary benefits from financial interests of all kinds, including bonus shares, bonus nominal value increases and the like. 4 Proceeds from sales or redemptions are in particular proceeds from the sale or redemption of the following: a. bonds, insofar as the proceeds are not interest; b. equity securities of any kind; c. derivative products of any kind, insofar as the proceeds are not interest or dividends; d. units in collective investment schemes. 5 Other income is income that is not treated as interest, dividends or proceeds from sales or redemptions, including benefits r
Art. 23 Categories of financial accounts
1 The following are also treated as depository accounts: a. capitalisation transactions by life insurers in accordance with in Annex 1, insurance sector A6, of the Insurance Oversight Ordinance of 9 November 2005 (IOO); b. tontines by life insurers in accordance with insurance sector A7 in Annex 1 insurance sector A7, of the IOO; c. advance premiums and premium deposits that are based on a separate contractual relationship. 2 Insurance contracts where the occurrence of the insured event is definite but which the insurer does not yet have to redeem in full or in part are treated as cash value insurance contracts. 3 In order for a contract to qualify as an annuity contract, it is irrelevant whether it provides temporary or indefinite life cover. Endowment insurance contracts are not treated as annuity contracts.
Para. 1 let. a — SR 961.011
Art. 24 Refund of unused premiums as part of the cash value
A reporting Swiss financial institution may treat the refund of unused premiums from a non-investment-linked cash value insurance contract or annuity contract as part of the cash value.
Art. 25 Surrender value in the case of annuity contracts
1 For the purposes of the applicable agreement, the surrender value of the insurance contract is treated as the surrender value of the annuity contract. Capital-forming annuity contracts have a surrender value of zero provided: a. they may not yet or may no longer be surrendered; b. they may not be surrendered. 2 A reporting Swiss financial institution may use the actuarial reserve as the surrender value of an annuity contract for the purposes of the applicable agreement instead of the surrender value.
Art. 26 Reporting currency
1 Reporting Swiss financial institutions must specify in the reports the currency in which the amounts are denominated. 2 They may indicate the amounts in the following currencies: a. in the currency in which the financial account is maintained; b. in the reference currency specified by the account holder; c. in Swiss francs; or d. in US dollars.
Section 7 Further Details on the Due Diligence Obl
Art. 27 Opening of new accounts
1 Cases in which new accounts are opened without the reporting Swiss financial institution contributing to or being able to prevent their opening are deemed to be exceptions under Article 11 paragraph 8 letter b AEOIA. 2 Such exceptions include in particular: a. change of policyholder in the case of insurance on the life of another person through legal succession; b. change of account holder as a consequence of a court or official order; c. creation of a beneficiary claim against a trust or similar legal entity on the basis of its deed of creation or the foundation deed.
Art. 27 — Amended by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5251).
Art. 28 Closure of accounts
1 If a preexisting individual or entity account is closed before the end of the time frame in accordance with Article 11 paragraph 2 or 3 AEOIA and the review of the account by the reporting Swiss financial institution has not been completed by the time of closure, the financial institution may treat it as a non-reportable account. 2 If a new individual or entity account is closed and the tax residence of the account holder or controlling person of the entity could not be determined by the reporting Swiss financial institution up to the time of closure, the financial institution may treat it as a non-reportable account. 3 If a preexisting or new individual or entity account is closed following a change in circumstances and the re-examination of the account required by the change in circumstances has not been completed by the time of closure, the reporting Swiss financial institution need not take the change in circumstances into account for the report.
Art. 29 Third-party claims arising from cash value insurance contracts and annuity contracts upon maturity
1 If a claim arising from a cash value insurance contract or an annuity contract becomes due and the individual or entity entitled to the claim is not the previous account holder, this third party entitled to the claim shall be treated as the holder of a new account. 2 Before fulfilling the claim, the reporting Swiss financial institution must have a self-certification from the third party entitled to the claim. This is without prejudice to cases where the financial institution: a. can establish on the basis of information in its possession or public information that the entity entitled to the claim is not a reportable person; b. can apply the alternative procedure for financial accounts held by individual beneficiaries of a cash value insurance contract or an annuity contract in accordance with the applicable due diligence obligations in the CRS. 3 If the reporting Swiss financial institution is unable to fulfil the claim arising from the contract due to the absence of a self-certific
Art. 30
Repealed by No I of the O of 11 Nov. 2020, with effect from 1 Jan. 2021 (AS 2020 5251).