On 21 October 2026, the Swiss Federal Council adopted an amendment to the Minimum Tax Ordinance (MindStV). The amendment implements two parliamentary motions calling for the deferred application of OECD Administrative Guidance.<\/p>\n
The amendment enters into force on 15 November 2026 and affects the calculation of the Swiss domestic minimum top-up tax for the 2024 financial year.<\/p>\n
Which Corporate Groups Are Affected?<\/strong><\/p>\n The OECD global minimum tax generally applies to multinational enterprise groups with consolidated annual revenue of at least EUR 750 million. It provides for a minimum effective tax rate of 15%.<\/p>\n In Switzerland, the following rules apply:<\/p>\n The current amendment does not affect all groups subject to the OECD global minimum tax, but is particularly relevant to groups with certain deferred tax assets originating before the introduction of the minimum tax.<\/p>\n What Changes Regarding Deferred Tax Assets?<\/strong><\/p>\n In January 2025, the OECD issued Administrative Guidance clarifying the treatment of certain deferred tax assets originating before the introduction of the global minimum tax when calculating the effective tax rate.<\/p>\n Under the international OECD rules, this guidance already applies to financial years beginning in 2024.<\/p>\n The amendment to the Swiss Minimum Tax Ordinance establishes a different application timeline for Switzerland:<\/p>\n The Federal Council thereby takes into account that the 2024 financial year had already ended when the guidance was published in January 2025.<\/p>\n What Are the Tax Implications?<\/strong><\/p>\n The amendment may reduce the Swiss domestic minimum top-up tax for the 2024 financial year for certain corporate groups.<\/p>\n The following considerations are particularly relevant:<\/p>\n A reduction in Swiss domestic minimum top-up tax therefore does not necessarily result in a lower overall tax burden for the group.<\/p>\n What Does the Amendment Mean for the 2024 Financial Year?<\/strong><\/p>\n The amendment enables the completion of assessment procedures for the 2024 financial year that have been affected by this legal issue.<\/p>\n Corporate groups with relevant deferred tax assets should review, in particular:<\/p>\n What Applies to Subsequent Financial Years?<\/strong><\/p>\n From the 2025 financial year onwards, the relevant OECD Administrative Guidance will also apply in Switzerland.<\/p>\n Multinational enterprise groups must therefore continue to coordinate the implementation of the global minimum tax rules at group level.<\/p>\n In particular, Swiss calculations should be reconciled with foreign Pillar Two calculations to identify differences in tax treatment and potential additional tax liabilities at an early stage.<\/p>\n Recommended Actions<\/strong><\/p>\n Swiss multinational groups and Swiss constituent entities of foreign groups subject to the OECD global minimum tax should assess whether the amendment affects their domestic minimum top-up tax calculation for 2024.<\/p>\n Particular attention should be paid to existing deferred tax assets, their origin and their previous treatment in the GloBE calculations.<\/p>\n Where the amendment results in a reduction of Swiss domestic minimum top-up tax, the potential impact on foreign top-up tax liabilities should also be assessed.<\/p>\n The official communications and statutory provisions issued by the Swiss federal authorities shall prevail.<\/p>\n Sources:<\/strong><\/p>\n https:\/\/www.bkb.admin.ch\/de\/newnsb\/n4O7kFJHdGCY<\/a><\/p>\n https:\/\/www.estv.admin.ch\/de\/rechtliche-grundlagen-ergaenzungssteuer<\/a><\/p>\n\n
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