Inserted 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. 12a Exempt persons
1 The following are specifically exempt as public bodies: 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, instrumentalities and funds of the social security system at federal, cantonal and communal level. 2 The following, in particular, are considered exempt persons that are international organisations: a. any partner organisation of the Swiss Confederation to an international headquarters agreement; b. diplomatic missions, permanent missions or other representations to international organisations, consular posts or special missions 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 following are exempt as central banks: the Swiss National Bank and the institutions who
Para. 2 let. b — SR 0.191.01 Para. 2 let. b — SR 0.191.02 Para. 2 let. b — SR 0.191.2
Art. 12b Relevant Reporting Crypto-Asset Service Providers
1 The Federal Council shall lay down the criteria according to which a Reporting Crypto-Asset Service Provider, for the purposes of implementing the CARF MCAA, is deemed to be resident in Switzerland for tax purposes, to be subject to an obligation to submit tax information forms, or to have a branch in Switzerland. 2 It shall lay down the criteria according to which the provision of a service involving the execution of exchange transactions for or on behalf of clients is deemed to be commercial in nature. 3 It may lay down the criteria according to which a Reporting Crypto-Asset Service Provider is deemed, for the purposes of implementing the CARF MCAA, to manage crypto-assets from Switzerland or to have a place of regular business in Switzerland.
Para. 1 — SR 0.653.4; BBl 2025 886
Art. 12c Application and further development of the CARF MCAA
1 The rights and obligations of the relevant Reporting Crypto-Asset Service Providers are governed in relation to implementing the CARF MCAA by the Annex thereto and by this Act. 2 The Federal Council may make amendments to the CARF in the Annex to the CARF MCAA, provided that such amendments are of limited scope. 3 The following in particular are deemed to be amendments of limited scope: a. those which do not impose any new obligations on or remove any existing rights of users subject to reporting requirements, controlling persons, persons subject to reporting requirements, or relevant Reporting Crypto-Asset Service Providers; b. those which concern the authorities and govern administrative-technical issues.
Para. 1 — SR 0.653.4; BBl 2025 886
Art. 12d Simplifications regarding the fulfilment of reporting and due diligence obligations
Swiss Reporting Crypto-Asset Service Providers may engage third-party service providers to assist them in fulfilling their reporting and due diligence obligations; they remain responsible for fulfilling these obligations.
Art. 12e Clarification of reporting obligations
1 To determine the value of a retail payment transaction, the Swiss Reporting Crypto-Asset Service Provider must convert the amount into US dollars by applying the spot rate. 2 The Federal Council shall lay down the criteria according to which Swiss Reporting Crypto-Asset Service Providers may, in the event of the death of a person from a reporting jurisdiction, treat that person’s estate as an estate with its own legal personality. 3 Article 10 paragraph 4 applies to the reporting of the roles of persons subject to reporting requirements who are regarded as controlling persons. 4 Where a person required to file a return is resident for tax purposes in more than one jurisdiction, that person shall be treated as a resident of a jurisdiction requiring the filing of a return in relation to all such jurisdictions.
Art. 12f Clarification of due diligence obligations
1 Swiss Reporting Crypto-Asset Service Providers must take appropriate organisational measures to ensure that the self-certification is available by the following date: a. for existing crypto-currency users who are natural persons or entities: 12 months after the Amendment of 26 September 2025 to this Act comes into force; b. in all other cases: when entering into a business relationship with a crypto-currency user. 2 A Swiss Reporting Crypto-Asset Service Provider may establish or continue a business relationship with a crypto-asset user without providing a self-certification if the crypto-asset user is considered an entity and the Swiss Reporting Crypto-Asset Service Provider reasonably determines, on the basis of the information that is available to it or that is publicly available, that the crypto-asset user is an exempt person. 3 A Swiss Registered Crypto-Asset Service Provider may also enter into a business relationship with a crypto-asset user in other exceptional cases without
Para. 5 — SR 955.0