Originally preceding Art. 7. Amended by No I of the FA of 26 Sept. 2025, in force since 1 Jan. 2026 (AS 2026 48; BBl 2025 883).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 3 Non-reporting financial institutions
1 The following in particular are treated as a non-reporting financial institution that is a governmental entity: a. the Swiss Confederation; b. the cantons and communes; c. wholly owned instrumentalities and agencies of an entity under letters a or b, including in particular institutions, bodies and funds of the social security system at federal, cantonal and communal level. 2 The following in particular are treated as a non-reporting financial institution that is an international organisation: a. any partner organisation of the Swiss Confederation to an international headquarters agreement; b. any diplomatic mission, permanent mission or other representation to international organisations, consular post or special mission whose status, privileges and immunities are governed by the Vienna Convention of 18 April 1961 on Diplomatic Relations, the Vienna Convention of 24 April 1963 on Consular Relations or the Convention of 8 December 1969 on Special Missions. 3 The Swiss National Bank a
Para. 2 let. b — SR 0.191.01 Para. 2 let. b — SR 0.191.02 Para. 2 let. b — SR 0.191.2 Para. 4 let. b — Amended by No I of the FA of 26 Sept. 2025, in force since 1 Jan. 2026 (AS 2026 48; BBl 2025 883). Para. 5 let. a — See Art. 41. Para. 5 let. a — SR 831.40 Para. 5 let. a — SR 210 Para. 5 let. a — SR 220 Para. 5 let. b — SR 831.42 Para. 7 — SR 951.31 Para. 9bis — Inserted by No I of the FA of 26 Sept. 2025, in force since 1 Jan. 2026 (AS 2026 48; BBl 2025 883). Para. 10 — Repealed by No I of th
Art. 4 Excluded accounts
1 The following accounts in particular are treated as an excluded account that is a retirement or pension account or an account that presents a low risk of being used to evade tax and that has substantially similar characteristics to any of the excluded accounts according to the applicable agreement: a. accounts within the framework of occupational benefit plans, including group insurance contracts, maintained or held by one or more non-reporting Swiss financial institutions; b. vested benefits policies and accounts established on the basis of Article 4 paragraph 1 and Article 26 paragraph 1 of the VBA; c. blocked insurance policies with insurance institutions or blocked bank accounts with bank foundations recognised as forms of pension scheme in accordance with Article 82 paragraph 2 of the OPA. 2 The following accounts in particular are treated as an excluded account that presents a low risk of being used to evade tax and that has substantially similar characteristics to any of the e
Para. 1 let. b — SR 831.42 Para. 1 let. c — Amended by No I of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 5247; BBl 2019 8135). Para. 1 let. c — SR 831.40 Para. 2 let. b — SR 220
Art. 5 Financial institutions resident in Switzerland
1 Financial institutions subject to tax in Switzerland are deemed to be resident in Switzerland. 2 Financial institutions that are not resident for tax purposes in any jurisdiction are deemed to be resident in Switzerland if they: a. are incorporated under Swiss law; b. have their place of management, including their effective administration, in Switzerland; or c. are subject to Swiss financial market supervision. 3 A financial institution resident in Switzerland and in one or more other jurisdictions is treated as a Swiss financial institution in respect of the financial accounts that it maintains in Switzerland. 4 A financial institution in the form of a trust is deemed to be resident in Switzerland for the purposes of the applicable agreement and this Act if at least one of the trustees is resident in Switzerland. The residence of the trustee is determined in accordance with paragraphs 1 to 3. 5 The Federal Council shall set the conditions according to which a financial institution
Art. 6
Repealed by Section I of the Federal Act of 26 September 2025, with effect from 1 January 2026 (AS 2026 48; BBl 2025 883).
Art. 7 Implementation and further development of the CRS MCAA
1 The rights and obligations of Reporting Swiss Financial Institutions in the context of the implementation of the CRS MCAA are governed by the Annex to the CRS MCAA and by this Act. 2 The Federal Council may incorporate amendments to the CRS into the Annex to the CRS MCAA, provided that these amendments are of limited scope. 3 The following in particular are deemed to be amendments of limited scope: a. those which do not create new obligations or remove existing rights for reportable persons or reporting Swiss financial institutions; b. those which concern the authorities and govern administrative-technical issues.
Art. 7 — Term in accordance with No I para. 1 of the FA of 26 Sept. 2025, in force since 1 Jan. 2026 (AS 2026 48; BBl 2025 883). This change has been made throughout the text. Para. 1 — SR 0.653.1 Para. 2 — Amended by No I of the FA of 26 Sept. 2025, in force since 1 Jan. 2026 (AS 2026 48; BBl 2025 883). Para. 3 let. b — Amended by No I of the FA of 26 Sept. 2025, in force since 1 Jan. 2026 (AS 2026 48; BBl 2025 883).
Art. 8
Repealed by No I of the FA of 26 September 2025, with effect from 1 Jan. 2026 (AS 2026 48; BBl 2025 883).
Art. 9 Facilitations concerning the fulfilment of reporting and due diligence obligations
1 Reporting Swiss financial institutions may: a. use third-party service providers to fulfil their reporting and due diligence obligations; however, the reporting Swiss financial institutions remain responsible for fulfilling these obligations; b. apply the due diligence procedures for high value accounts to some or all lower value accounts; c. apply the due diligence procedures for new accounts to some or all preexisting accounts; the rules otherwise applicable to preexisting accounts continue to apply; d. dispense with a review, identification and reporting of some or all pre-existing entity accounts with an aggregate account balance or value that does not exceed USD 250,000 as of 31 December of the year prior to the implementation of the automatic exchange of information with a CRS Partner Jurisdiction; e. apply the residence address test or the electronic record search to identify reportable accounts in the case of some or all preexisting lower value individual accounts; f. in fulf
Art. 10 Further details on the general reporting requirements
1 In order to determine the balance or value of a financial account or other amount, the reporting Swiss financial institution must convert the amount into US dollars by applying a spot rate. For the purpose of account reporting, the reporting Swiss financial institution shall determine the spot rate as of the last day of the calendar year or other appropriate reporting period for which the account is being reported. 2 The Federal Council shall determine the criteria according to which: a. the amount and characterisation of payments credited to a reportable account are to be determined; b. the different types of accounts are to be assigned to the categories of financial accounts defined in the applicable agreement. 3 If a reportable person dies, the reporting Swiss financial institution shall continue to treat the account as it did before the death until such time as it is notified of the estate or the legitimate heirs. 4 Where a reportable person is considered to be a controlling pers
Para. 1 — Amended by No I of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 5247; BBl 2019 8135). Para. 4 let. b let. 5 — Inserted by No I of the FA of 26 Sept. 2025, in force since 1 Jan. 2026 (AS 2026 48; BBl 2025 883). Para. 5 — Inserted by No I of the FA of 26 Sept. 2025, in force since 1 Jan. 2026 (AS 2026 48; BBl 2025 883).
Art. 11 Further details on the due diligence requirements
1 A self-certification remains valid until there is a change in circumstances that causes a reporting Swiss financial institution to know, or have reason to know, that the original self-certification is incorrect or unreliable. 2 From the time the automatic exchange of information with a CRS Partner Jurisdiction becomes applicable, pre-existing individual accounts must be reviewed within the following time frames: a. within one year for high value accounts; b. within two years for lower value accounts. 3 Pre-existing entity accounts must be reviewed within two years from the time the automatic exchange of information with a CRS Partner Jurisdiction becomes applicable. 4 The reporting Swiss financial institution may apply the time frames in paragraphs 2 and 3 from the time this Act comes into force. 5 ... 6 Within the framework of the residence address test, the address listed in the records of the reporting Swiss financial institution is treated as the current address for the following
Para. 5 — Repealed by No I of the FA of 19 June 2020, with effect from 1 Jan. 2021 (AS 2020 5247; BBl 2019 8135). Para. 6 let. a — SR 952.0 Para. 8 let. b — Amended by No I of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 5247; BBl 2019 8135). Para. 9 — SR 955.0 Para. 9 — Amended by No I of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 5247; BBl 2019 8135). Para. 10 — Repealed by No I of the FA of 19 June 2020, with effect from 1 Jan. 2021 (AS 2020 5247; BBl 2019 8135
Art. 12 Further details on the special due diligence requirements
1 An account with a negative balance or value is deemed to be an account with a balance or value equal to zero. 2–4 ...
Para. 24 — Repealed by No I of the FA of 19 June 2020, with effect from 1 Jan. 2021 (AS 2020 5247; BBl 2019 8135).