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Swiss Court Hold Domestic Statute of Limitations Provisions for Refund Apply when Absent in a Tax Treaty

|Treaty Development|Switzerland-France
Switzerland-France

The Swiss Federal Supreme Court issued a decision on 25 June 2019 concerning the statute of limitations for the claim of a refund of tax withheld under the 1966 tax treaty with France. The case involved a French resident that received dividends from a Swiss company for fiscal years 2008 to 2010, on which tax was withheld at the domestic rate of 35%. In 2016, a refund request was submitted for a portion of the tax withheld for the application of the 15% withholding tax rate provided for in th…

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