[Code of Federal Regulations]
[Title 26, Volume 18, Parts 500 to 599]
[Revised as of April 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR509.103]
[Page 38-39]
TITLE 26--INTERNAL REVENUE
CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
(Continued)
PART 509--SWITZERLAND--Table of Contents
Subpart--General Income Tax
Sec. 509.103 Scope of the convention.
(a) Purposes of convention. The primary purposes of the convention,
to be accomplished on a reciprocal basis, are to avoid double taxation
upon certain items of income derived from sources in one country by
residents or corporations or other entities of the other country and to
provide for administrative cooperation between the competent tax
authorities of the two countries looking to the avoidance of double
taxation and the prevention of fiscal evasion.
(b) Exemption from United States tax. The following items of income
from sources within the United States are exempt from United States tax
for taxable years beginning on or after January 1, 1951, subject to the
respective articles of the convention:
(1) Industrial and commercial profits of a Swiss enterprise having
no permanent establishment in the United States (Article III);
(2) Income derived by a Swiss enterprise from the operation of ships
or aircraft registered in Switzerland (Article V);
(3) Patent and copyright royalties, and other like amounts,
including motion picture film rentals, derived by a nonresident alien
who is a resident of
[[Page 39]]
Switzerland, or by a Swiss corporation or other entity, if such alien,
corporation, or other entity has no permanent establishment in the
United States (Article VIII);
(4) Compensation, subject to certain limitations, for personal
services performed in the United States by a nonresident alien
individual who is a resident of Switzerland (Article X);
(5) Compensation and pensions paid by Switzerland to an alien
individual, and to a citizen of Switzerland who is also a citizen of the
United States, including such items as are from sources without the
United States (Article XI);
(6) Private pensions and life annuities paid to a nonresident alien
individual who is a resident of Switzerland (Article XI);
(7) Remuneration derived from certain teaching in the United States
by a professor or teacher who is a nonresident alien residing in
Switzerland (Article XII); and
(8) Dividends and interest paid by a foreign corporation to a
nonresident alien who is a resident of Switzerland, or to a Swiss
corporation, if such alien or corporation has no permanent establishment
in the United States (Article XIV).
(c) Students or apprentices. Remittances received from abroad for
the purpose of maintenance or studies by a student or apprentice, a
nonresident alien residing in Switzerland, who is temporarily present in
the United States under specified circumstances are also exempt from
United States tax (Article XIII).
(d) Reduced rates of United States tax. Dividends and interest
derived from sources within the United States by a nonresident alien who
is a resident of Switzerland, or by a Swiss corporation or other entity,
are subject to United States tax at reduced rates, if such alien,
corporation, or other entity has no permanent establishment in the
United States (Articles VI and VII).
(e) Withholding regulations. For regulations pertaining to the
release of excess tax withheld, and to exemption from, or reduction in
the rate of, withholding of United States tax at source, in the case of
dividends, interest, patent and copyright royalties, film rentals,
private pensions, and life annuities, received from sources within the
United States by a nonresident alien who is a resident of Switzerland,
or by a Swiss corporation or other entity, see Treasury Decision 5867,
approved November 21, 1951 (Secs. 509.1 to 509.10).
(f) United States citizens, residents, and corporations. (1) Any
citizen of Switzerland who is a resident of the United States is liable
to United States tax as though the convention had not come into effect;
however, such alien resident of the United States is entitled to the
foreign tax credit in accordance with Article XV and is also entitled to
the benefits of Article XI (1) and Article XVIII.
(2) A citizen of the United States, even though resident in
Switzerland, or a domestic corporation, even though engaged in trade or
business in Switzerland through a permanent establishment situated
therein, is also liable to United States tax as though the convention
had not come into effect but is entitled to the foreign tax credit and,
to the extent, applicable, to the benefits of Article XI (1).
(g) Other provisions applicable to Swiss residents and corporations.
Except as otherwise expressly provided by the convention, the United
States tax liability of a nonresident alien who is a resident of
Switzerland, or of a Swiss corporation or other entity, is determined in
accordance with the provisions of the Internal Revenue Code of 1954
relating to nonresident alien individuals and foreign corporations.
Effective Date Note: By T.D. 8734, 62 FR 53497, Oct. 14, 1997,
Sec. 509.103 was amended by removing and reserving paragraph (e),
effective Jan. 1, 1999. By T.D. 8804, 63 FR 72183, Dec. 31, 1998, the
effective date was delayed until Jan. 1, 2000. By T.D. 8856, 64 FR
73408, Dec. 30, 1999, the effective date was delayed until Jan. 1, 2001.