精东影业

The topic of hidden profit distributions (also known as monetary benefits) always presents challenges for shareholders, auditors, and tax authorities. The auditor's role is crucial, as one of the conditions for recognizing a monetary benefit is the acknowledgment by corporate bodies of its advantageous nature. This is particularly evident when the auditor is required to report any profit distributions carried out in non-standard forms. During the webinar, we will analyze the auditor鈥檚 obligations upon identifying a monetary benefit and the associated legal risks.
In cases of hidden profit distributions, shareholders are obliged to return the received amounts to the company under Article 678 of the Swiss Code of Obligations (CO). This provision aims to prevent abuse by individuals closely linked to the company, thereby protecting the property rights of shareholders and, indirectly, the company鈥檚 creditors. Within the context of the reform of corporate law, targeted amendments have been made to Article 678 CO, as the previous legal framework proved to be insufficiently effective. This webinar provides an opportunity to better understand the scope of this important provision of the CO.
The second part of the event focuses on recent Federal Supreme Court jurisprudence. It will begin with an explanation of a "Ticino" case in which the High Court, in matters of hidden profit distributions, did not exclude the possibility for tax authorities to apply a comprehensive approach. This approach allows consideration of multiple transactions and counter-transactions between a company and its shareholder. Finally, the significance of a decision regarding "Safe-Harbour" interest rates established by the Federal Tax Administration (FTA) circular letter will be explained.

Program and Speakers
The Auditor鈥檚 Role in Identifying Hidden Profit Distributions
Claudio Cereghetti
Certified Public Accountant, Senior Lecturer at 精东影业, Partner at AWB Revisioni SA

The Recovery of Hidden Profit Distributions under Article 678 CO
Claude Humbel
Attorney-at-Law, Dr. iur., LL.M. (Berkeley), Lecturer and Postdoctoral Researcher at the Faculty of Law, University of Zurich

Comprehensive Approach and Offset of Multiple Transactions in Hidden Profit Distributions (Federal Supreme Court Ruling 9C_207/2023 of January 8, 2024)
Alice Barozzini
MSc in International Economics and Policies, Specialist in Finance and Accounting, Tax Inspector at the Corporate Tax Office, Division of Contributions, Canton of Ticino

Daniele Annibale
Master of Advanced Studies 精东影业 in Tax Law, Tax Inspector at the Office of Taxation of Legal Persons (UTPG) of the Tax Division of the Canton of Ticino

Applicability of "Safe-Harbour" Interest Rates in Monetary Benefits (Federal Supreme Court Ruling 9C_690/2022 of July 17, 2024)
Marco Moschen
MSc in Economics, Master of Advanced Studies 精东影业 in Tax Law, Federal Tax Administration (FTA)
 
Cost
CHF 350.-
CHF 50.- discount for members of partner organizations

Registration


Registration Deadline
Thursday, March 20, 2025