English translation of Article 41 of the Swiss VAT Act 2010

This page contains an English translation of the below Article of the revised Swiss VATA 2010 and is part of a web based Swiss VATA 2010 commentary published in German. Should you require qualified written legal advice on cross-border transactions potentially triggering Swiss VAT  from a Swiss VAT lawyer please do not hesitate to contact: Harun Can


Article 41 of the Swiss VAT Act 2010

Retrospective modification of turnover tax liability and of input tax deduction
  1. If the recipient of the supply amends the sum of paid or agreed consideration, the turnover tax liability must be adjusted at the time any such amendment is recorded or when the amended consideration is collected. 

  2. If the amount of consideration expended by the taxable person is amended, the turnover tax liability must be adjusted at the time at which the amendment is booked or the amended consideration is paid. 


Corresponding Article(s) of the EU VAT Directive (Recast)

Article 90 (1 + 2) of the EU VAT Directive

(1.) In the case of cancellation, refusal or total or partial nonpayment, or where the price is reduced after the supply takes place, the taxable amount shall be reduced accordingly under conditions which shall be determined by the Member States.
 
(2.) In the case of total or partial non-payment, Member States may derogate from paragraph 1.
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