[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: 26CFR509.1]

[Page 24-27]
 
                       TITLE 26--INTERNAL REVENUE
 
     CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY 
                               (Continued)
 
PART 509--SWITZERLAND--Table of Contents
 
                       Subpart--Withholding of Tax
 
Sec. 509.1  Introductory.

    Source: Treasury Decision 5867, 16 FR 11910, Nov. 27, 1951, unless 
otherwise noted. Redesignated at 25 FR 14022, Dec. 31, 1960.

    Effective Date Note:  By T.D. 8734, 62 FR 53497, Oct. 14, 1997, 
Subpart--Withholding of Tax, consisting of Secs. 509.1 through 509.10, 
was removed, 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.


    The income tax convention between the United States and the Swiss 
Confederation, signed May 24, 1951, proclaimed by the President of the 
United States on October 1, 1951, and effective as to taxable years 
beginning after December 31, 1950 (referred to in this subpart as the 
convention), provides in part as follows:

                                Article I

    (1) The taxes referred to in this Convention are:
    (a) In the case of the United States of America:
    The Federal income taxes, including surtaxes and excess profits 
taxes.
    (b) In the case of The Swiss Confederation:

[[Page 25]]

    The federal, cantonal and communal taxes on income (total income, 
earned income, income from property, industrial and commercial profits, 
etc.).
    (2) The present Convention shall also apply to any other income or 
profits tax of a substantially similar character imposed by either 
contracting State subsequently to the date of signature of the present 
Convention.

                               Article II

    (1) As used in this Convention:
    (a) The term ``United States'' means the United States of America, 
and when used in a geographical sense means the States, the Territories 
of Alaska and Hawaii, and the District of Columbia.
    (b) The term ``Switzerland'' means The Swiss Confederation.
    (c) The term ``permanent establishment'' means a branch, office, 
factory, workshop, warehouse or other fixed place of business, but does 
not include the casual and temporary use of merely storage facilities, 
nor does it include an agency unless the agent has and habitually 
exercises a general authority to negotiate and conclude contracts on 
behalf of an enterprise or has a stock of merchandise from which he 
regularly fills orders on its behalf. An enterprise of one of the 
contracting States shall not be deemed to have a permanent establishment 
in the other State merely because it carries on business dealings in 
such other State through a commission agent, broker or custodian or 
other independent agent acting in the ordinary course of his business as 
such. The fact that an enterprise of one of the contracting States 
maintains in the other State a fixed place of business exclusively for 
the purchase of goods or merchandise shall not of itself constitute such 
fixed place of business a permanent establishment of such enterprise. 
The fact that a corporation of one contracting State has a subsidiary 
corporation which is a corporation of the other State or which is 
engaged in trade or business in the other State shall not of itself 
constitute that subsidiary corporation a permanent establishment of its 
parent corporation. The maintenance within the territory of one of the 
contracting States by an enterprise of the other contracting State of a 
warehouse for convenience of delivery and not for purposes of display 
shall not of itself constitute a permanent establishment within that 
territory even though offers of purchase have been obtained by an agent 
of the enterprise in that territory and transmitted by him to the 
enterprise for acceptance.
    (d) The term ``enterprise of one of the contracting States'' means, 
as the case may be, ``United States enterprise'' or ``Swiss 
enterprise''.
    (e) The term ``United States enterprise'' means an industrial or 
commercial enterprise or undertaking carried on in the United States by 
a resident (including an individual, fiduciary and partnership) of the 
United States or by a United States corporation or other entity; the 
term ``United States corporation or other entity'' means a corporation 
or other entity created or organized under the law of the United States 
or of any State or Territory of the United States.
    (f) The term ``Swiss enterprise'' means an industrial or commercial 
enterprise or undertaking carried on in Switzerland by an individual 
resident in Switzerland or by a Swiss corporation or other entity; the 
term ``Swiss corporation or other entity'' means a corporation or 
institution or foundation having juridical personality, or a partnership 
(association ``en nom collectif'' or ``en commandite''), or other 
association without juridical personality, created or organized under 
Swiss laws.
    (g) The term ``competent authorities'' means, in the case of the 
United States, the Commissioner of Internal Revenue as authorized by the 
Secretary of the Treasury; and in the case of Switzerland, the Director 
of the Federal Tax Administration as authorized by the Federal 
Department of Finances and Customs.
    (h) The term ``industrial or commercial profits'' includes 
manufacturing, mercantile, mining, financial and insurance profits, but 
does not include income in the form of dividends, interest, rents or 
royalties, or remuneration for personal services: Provided, however, 
that such excepted items of income shall, subject to the provisions of 
this Convention, be taxed separately or together with industrial or 
commercial profits in accordance with the laws of the contracting 
States.
    (2) In the application of the provisions of the present Convention 
by one of the contracting States any term not otherwise defined shall, 
unless the context otherwise requires, have the meaning which such term 
has under its own tax laws.

                                * * * * *

                               Article VI

    (1) The rate of tax imposed by one of the contracting States upon 
dividends derived from sources within such State by a resident or 
corporation or other entity of the other contracting State not having a 
permanent establishment in the former State shall not exceed 15 percent: 
Provided, however, that this paragraph shall have no application to 
Swiss tax in the case of dividends derived from Switzerland by a Swiss 
citizen (who is not also a citizen of the United States) resident in the 
United States.
    (2) It is agreed, however, that such rate of tax shall not exceed 
five percent if the shareholder is a corporation controlling, directly 
or indirectly, at least 95 percent of the entire voting power in the 
corporation paying the

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dividend, and if not more than 25 percent of the gross income of such 
paying corporation is derived from interest and dividends, other than 
interest and dividends received from its own subsidiary corporations. 
Such reduction of the rate to five percent shall not apply if the 
relationship of the two corporations has been arranged or is maintained 
primarily with the intention of securing such reduced rate.
    (3) Switzerland may collect its tax without regard to paragraphs (1) 
and (2) of this Article but will make refund of the tax so collected in 
excess of the tax computed at the reduced rates provided in such 
paragraphs.

                               Article VII

    (1) The rate of tax imposed by one of the contracting States on 
interest on bonds, securities, notes, debentures or on any other form of 
indebtedness (including mortgages or bonds secured by real property) 
derived from sources within such contracting State by a resident or 
corporation or other entity of the other contracting State not having a 
permanent establishment in the former State shall not exceed five 
percent: Provided, however, that this paragraph shall have no 
application to Swiss tax in the case of interest derived from 
Switzerland by a Swiss citizen (who is not also a citizen of the United 
States) resident in the United States.
    (2) Switzerland may collect its tax without regard to paragraph (1) 
of this Article but will make refund of the tax so collected in excess 
of the tax computed at the reduced rate provided in such paragraph.

                              Article VIII

    Royalties and other amounts derived, as consideration for the right 
to use copyrights, artistic and scientific works, patents, designs, 
plans, secret processes and formulae, trademarks, and other like 
property and rights (including rentals and like payments in respect to 
motion picture films or for the use of industrial, commercial or 
scientific equipment), from sources within one of the contracting States 
by a resident or corporation or other entity of the other contracting 
State not having a permanent establishment in the former State shall be 
exempt from taxation in such former State.

                               Article IX

    (1) Income from real property (including gains derived from the sale 
or exchange of such property but not including interest from mortgages 
or bonds secured by real property) and royalties in respect of the 
operation of mines, quarries, or other natural resources, shall be 
taxable only in the contracting State in which such property, mines, 
quarries, or other natural resources are situated.
    (2) A resident or corporation or other entity of one of the 
contracting States deriving any such income from such property within 
the other contracting State may, for any taxable year, elect to be 
subject to the tax of such other contracting State, on a net basis, as 
if such resident or corporation or entity were engaged in trade or 
business within such other contracting States through a permanent 
establishment therein during such taxable year.

                                * * * * *

                               Article XI

    (2) Private pensions and life annuities derived from within one of 
the contracting States and paid to individuals residing in the other 
contracting State shall be exempt from taxation in the former State.
    (3) The term ``pensions'', as used in this Article, means periodic 
payments made in consideration for services rendered or by way of 
compensation for injuries received.
    (4) The term ``life annuities'' as used in this Article, means a 
stated sum payable periodically at stated times during life, or during a 
specified number of years, under an obligation to make the payments in 
return for adequate and full consideration in money or money's worth.

                                * * * * *

                               Article XIV

    (1) Dividends and interest paid by a corporation other than a United 
States domestic corporation shall be exempt from United States tax where 
the recipient is a nonresident alien as to the United States resident in 
Switzerland or a Swiss corporation, not having a permanent establishment 
in the United States.
    (2) Dividends and interest paid by a corporation other than a Swiss 
corporation shall be exempt from Swiss tax where the recipient is a 
resident or corporation of the United States, not having a permanent 
establishment in Switzerland.

                                * * * * *

                               Article XVI

    (1) The competent authorities of the contracting States shall 
exchange such information (being information available under the 
respective taxation laws of the contracting States) as is necessary for 
carrying out the provisions of the present Convention or for the 
prevention of fraud or the like in relation to the taxes which are the 
subject of the present Convention. Any information so exchanged shall be 
treated as secret and shall not be disclosed to any person other than 
those concerned with the assessment and

[[Page 27]]

collection of the taxes which are the subject of the present Convention. 
No information shall be exchanged which would disclose any trade, 
business, industrial or professional secret or any trade process.
    (2) Each of the contracting States may collect such taxes imposed by 
the other contracting State as though such taxes were the taxes of the 
former State as will ensure that the exemption or reduced rate of tax 
granted under Articles VI, VII, VIII and XI(2) of the present Convention 
by such other State shall not be enjoyed by persons not entitled to such 
benefits.
    (3) In no case shall the provisions of this Article be construed so 
as to impose upon either of the contracting States the obligation to 
carry out administrative measures at variance with the regulations and 
practice of either contracting State or which would be contrary to its 
sovereignty, security or public policy or to supply particulars which 
are not procurable under its own legislation or that of the State making 
application.

                                * * * * *

                               Article XIX

    (1) The competent authorities of the two contracting States may 
prescribe regulations necessary to carry into effect the present 
Convention within the respective States.
    (2) The competent authorities of the two contracting States may 
communicate with each other directly for the purpose of giving effect to 
the provisions of this Convention.

                               Article XX

    (1) The present Convention shall be ratified and the instruments of 
ratification shall be exchanged at Berne as soon as possible. It shall 
have effect for the taxable years beginning on or after the first day of 
January of the year in which such exchange takes place: Provided, 
however, that if such exchange takes place on or after October 1 of such 
year, Article VI (except paragraph (2) thereof) and Article VII of the 
Convention shall have effect only for taxable years beginning on or 
after the first day of January of the year immediately following the 
year in which such exchange takes place.
    (2) The present Convention shall continue effective for a period of 
five years beginning with the calendar year in which the exchange of the 
instruments of ratification takes place and indefinitely after that 
period, but may be terminated by either of the contracting States at the 
end of the five-year period or at any time thereafter, provided that at 
least six months' prior notice of termination has been given and, in 
such event, the present Convention shall cease to be effective for the 
taxable years beginning on or after the first day of January next 
following the expiration of the six-month period.

                                * * * * *

    As used in this Treasury decision, unless the context otherwise 
requires, the terms defined in the above articles of the convention 
shall have the meanings so assigned them.