Legal tax optimisation in Switzerland

Legal tax optimisation consists of using mechanisms provided by Swiss law to reduce the tax burden of your company and its directors. Unlike tax evasion (illegal), tax optimisation exploits the tools made available by the legislator itself: deductions, structural choices, pension instruments and remuneration policy.

In Switzerland, the tax system offers numerous optimisation possibilities thanks to federalism (intercantonal competition), the coexistence of corporate and personal taxation, and a legal framework favourable to pension planning and investment. At AX-Fiduciaire, we help SMEs and self-employed individuals in French-speaking Switzerland exploit these levers to legally minimise their tax burden.

Optimisation strategies for natural persons (directors and self-employed)

1. Maximise pension contributions

Pension planning is the most powerful and accessible tax optimisation lever in Switzerland. Contributions to the 2nd and 3rd pillars are deductible from taxable income, generating an immediate tax saving.

Pillar 3a (tied individual pension)

The maximum deductible amounts in 2026 are:

SituationMaximum amount 2026Estimated tax saving*
Employee with pension fundCHF 7,056CHF 1,500 - 2,800
Self-employed without pension fundCHF 35,280 (max. 20% of net income)CHF 7,000 - 14,000

* Estimated saving for a taxpayer in Geneva with a marginal rate of 25-40%

Since 2025, it is possible to make catch-up Pillar 3a buyback contributions to fill years where no contribution was made (for years since 2025). This provides an additional lever for taxpayers with gaps.

BVG buybacks (2nd pillar)

Buybacks into the pension fund (BVG/occupational pension) are fully deductible from taxable income. The maximum buyback amount depends on the individual pension gap, calculated by the pension fund. For a director with a high salary, the gap can reach several hundred thousand francs.

Recommended strategy: stagger buybacks over several tax years to maximise the progressivity effect of the tax. A buyback of CHF 30,000 per year over 5 years is more tax-efficient than a single buyback of CHF 150,000.

Points of attention:

  • A BVG buyback cannot be withdrawn as capital within 3 years of the payment (legal blocking period)
  • The buyback must be made before 31 December of the relevant tax year
  • In the case of capital withdrawal at retirement, taxation is separate and progressive: staggering withdrawals over several years reduces the tax

2. Professional expense deductions

Self-employed individuals and, to a lesser extent, employees can deduct numerous professional expenses:

  • Home office expenses: proportional share of rent if no office is provided by the employer
  • Commuting costs: public transport or mileage allowance (CHF 0.70/km) for the home-to-work journey, capped at CHF 3,000 for DFT
  • Meal expenses: flat-rate deduction of CHF 15/day if the workplace is far from home
  • Continuing education costs: deductible up to CHF 12,000 per year for DFT (if related to professional activity)
  • Professional memberships: contributions to professional associations, unions

3. Timing of income and expenses

The Swiss tax system taxes income from the calendar year. It is sometimes possible to optimise the timing:

  • Defer income: invoice in January rather than December to postpone taxation by one year
  • Accelerate expenses: make professional purchases or pension buybacks before 31 December
  • Low-income year: favour capital withdrawals (BVG, 3a) during years of low income to benefit from lower marginal rates

Optimisation strategies for companies (LLC, corporation)

1. Remuneration policy: salary vs. dividends

For the director-shareholder of an LLC or corporation, the split between salary and dividends is the most significant optimisation lever. Each remuneration method has different tax consequences:

CriterionSalaryDividends
Deductible for the companyYes (salary expense)No (profit distribution)
AHV/IV/APG contributionsYes (10.6% employee + employer)No
Taxation at the beneficiary level100% of the amountPartial taxation (50-70% depending on canton)
BVG/pensionMandatory contributions and buybacks possibleNo contributions
Corporate income taxReduced (salary = expense)Increased (dividend paid from after-tax profit)

As a general rule, a salary sufficient to cover current needs and fund pension contributions, combined with a dividend distribution for the surplus, constitutes the optimum. The exact equilibrium point depends on the director's marginal rate, canton of residence, profit amount and family situation. A personalised simulation is essential.

Example figures for a director in Geneva with an available profit of CHF 200,000:

ScenarioTotal taxes (company + individual)Net available
100% salary~ CHF 72,000~ CHF 128,000
100% dividends~ CHF 64,000~ CHF 136,000
Optimal mix (120,000 salary + 80,000 dividends)~ CHF 58,000~ CHF 142,000

In this example, the optimal mix represents a saving of CHF 14,000 per year compared to the 100% salary scenario. Actual amounts depend on numerous individual factors.

2. Depreciation and investment policy

Depreciation reduces taxable profit. Several strategies are possible:

  • Declining balance depreciation: allows more deduction in the early years, deferring tax over time
  • Investment timing: investing at the end of the financial year to benefit from full depreciation from the first year (some cantons allow full annual depreciation even for a December purchase)
  • Leasing vs. purchase: leasing generates regular deductible expenses without capital immobilisation; purchase allows accelerated depreciation

3. Building provisions and reserves

Commercially justified provisions reduce taxable profit. The main permitted provisions are:

  • Provision for doubtful debts (5% domestic, 10% foreign on a flat-rate basis)
  • Provision for contractual warranty
  • Provision for major maintenance work
  • Provision for ongoing litigation
  • Provision for taxes

Strategically building provisions in good years helps smooth taxable profit and avoid tax peaks. However, these provisions must be justified and will be reversed (taxed) when the provisioned risk disappears.

4. Loss carry-forward

Losses from previous financial years are deductible from the profit of the following 7 years without any amount limitation. This mechanism is particularly valuable for start-ups that accumulate losses during their development phase before becoming profitable. Ensure rigorous accounting documentation of losses to assert them with the tax authority.

5. Choice of VAT method

The choice between effective method and NRDM can generate significant savings. For a service company invoicing CHF 500,000 per year with few purchases subject to VAT, the NRDM can be more advantageous by CHF 3,000 to CHF 8,000 per year compared to the effective method.

Advanced optimisation structures

Holding structure

A holding structure consists of interposing a company between the shareholder and the operating company. The main tax advantages are:

  • Participation deduction: dividends passed up from the subsidiary to the holding benefit from the participation deduction, reducing tax to virtually zero
  • Exempt capital gains: in case of sale of the operating company, the capital gain is exempt at the holding level thanks to the participation deduction
  • Reinvestment flexibility: dividends accumulated in the holding can be reinvested without personal taxation
  • Succession planning: the holding facilitates business transfer to the next generation

However, the holding structure has a cost (accounting, audit, administrative expenses) and is only advantageous above a certain profit threshold. As a general rule, it becomes relevant when the operating company's profit exceeds CHF 200,000 to CHF 300,000 per year.

Choice of canton and municipality

The choice of canton of domicile can have a major impact on the tax burden. However, the transfer of registered office must be real and justified by economic reasons (premises, employees, actual activity). A transfer motivated solely by tax considerations can be contested by the administration.

Within the same canton, the choice of municipality can also make a difference. In Geneva, for example, municipal additional centimes vary from 39 to 51 depending on the municipality, which can represent a difference of several thousand francs in tax for a profitable company.

Transfer pricing

For groups of companies with entities in several cantons or countries, transfer prices (prices of transactions between related companies) must respect the arm's length principle. The Swiss tax authority verifies that prices between companies in the same group correspond to market prices.

A well-documented transfer pricing policy helps to:

  • Allocate profit in a tax-efficient manner between group entities
  • Avoid double taxation in case of challenge by tax authorities
  • Secure tax positions in case of audit

Mistakes to avoid in tax optimisation

Tax optimisation has its limits. Here are the pitfalls to avoid:

  • Director salary too low: the tax authority may consider that part of the dividends actually constitutes disguised salary and demand the corresponding AHV contributions (over 10% of the reclassified amount)
  • Abusive provisions: provisions without commercial justification will be rejected during a tax audit and the profit will be reassessed
  • Structures without substance: a holding company without employees, premises or actual activity may be disregarded for tax purposes (abuse of rights)
  • Confusion between optimisation and evasion: the boundary between legal optimisation and tax evasion is clear in Swiss law. Concealment of income, false invoicing or artificial arrangements are criminal offences

Good to know: A comprehensive tax audit by our experts identifies on average CHF 5,000 to CHF 25,000 in annual savings for an SME in French-speaking Switzerland. The initial consultation is free and without obligation. Make an appointment.

Tax optimisation is an exercise that must be renewed each year, as the company's situation and legislation evolve. At AX-Fiduciaire, we integrate tax thinking into the ongoing accounting monitoring of our clients, for proactive recommendations throughout the year.

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