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A judgment released Tuesday concludes that the French tax authorities have not explained why the taxpayers concerned had failed to meet their tax obligations. Having an account in Switzerland is not enough to justify it.
The Federal Administrative Court therefore approved a complaint from UBS, in which accounts are held, to the extent that this has occurred. The St. Gallen Court adheres to the case law of the Federal Court.
The tax administration wanted to grant administrative assistance
The French tax authorities had submitted the request for assistance in May 2016. The account holders are supposed to be tax residents in France or to be presumed tax residents.
In February 2018, the FTA granted administrative assistance. On the other hand, UBS and the individuals directly concerned have lodged a complaint with the Federal Administrative Court.
The verdict can still be referred to the Federal Supreme Court. However, this only concerns the case if issues of fundamental importance need to be clarified or if it is a particularly important case. That one of the two variants exists, decides the Federal Court.
(AWP)
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