What is it about?
Insurance premiums from domestic insurers are subject to stamp duty insofar as the insurance is not covered by the statutory exemptions. For federal stamp duty legislation, the territory of the Swiss Confederation and the Principality of Liechtenstein are considered domestic. The stamp duty amounts to 5% of the cash premium or 2.5% of the cash premium for certain life insurance policies.
In the case of an insurance premium that is subject to stamp duty, the domestic insurer generally invoices the policyholder for the stamp duty and the insurer pays the stamp duty to the FTA. However, if the insurance contract is with a foreign insurer, the domestic policyholder has the obligation to declare the stamp duty in due time and pay it to the FTA (see also our article of March 2021).
In the case of a Swiss or Liechtenstein insurer, the stamp duty obligation generally lies with the insurer. If it is a foreign insurer, the Swiss or Liechtenstein policyholder has to check whether he becomes liable to stamp duty by paying the insurance premium.
Until now, there was only one form available for Swiss and Liechtenstein policyholders to declare the stamp duty to the FTA (Form 12).
Recently, the FTA published Form 12 FL, with which Liechtenstein policyholders must now declare any stamp duty on foreign insurance premiums and submit it to the FTA as the competent authority. Swiss policyholders subject to stamp duty will continue to submit the existing Form 12. In this way, the FTA would like to simplify internal processes and facilitate the declaration process for taxpayers in Liechtenstein.