Swiss tax residency — BENSAID AVOCATS Geneva

Pillar 04 · Swiss tax residency

Swiss tax residency.

Geneva is the Swiss destination of choice for French-speaking UHNWI, executives and artists. The firm plans transfer of residence — exit tax anticipation, negotiation of the lump-sum forfait fiscal, B/C/TOU permits, cantonal documentation file — and accompanies the project from six months prior to twelve months after settlement.

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A tax move from France to Switzerland is not a decision to be taken one month before boarding. The six months before the move determine the file that the Swiss cantonal administration and the French tax administration will examine: proof of habitual residence, structure of sources of income, exit-tax planning, articulation with the 9 September 1966 double-tax treaty and its amendments. The firm handles this six-month window on both sides and the first year after settlement.

Our practice areas

Swiss tax residency.

01

Transfer of residence France → Switzerland

Full preparation of the file: proofs of habitual residence, centre of personal and economic interests, social affiliation, cantonal and communal tax choice.

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02

Geneva lump-sum taxation (forfait fiscal)

Negotiation of the imposition d'après la dépense with the Cantonal Tax Administration: budget threshold, determination of expenditure, permanence checks.

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03

Exit-tax structuring

Pre-emptive analysis of art. 167 bis CGI (unrealised gains on substantial participations), optional deferred payment, guarantees, eight-year follow-up.

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04

B, C and TOU permits

Preparation of the permit application, liaison with cantonal services, justification of significant fiscal interests for the canton.

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Why 6 to 12 months of preparation

  • The exit-tax file cannot be built ex post: the French administration requires documentation at the actual date of the move.
  • The forfait fiscal requires a negotiation prior to the move with the cantonal administration — the tax ruling is not renegotiated afterwards.
  • The cantonal and communal choice of domicile has a significant impact on effective taxation (rates vary by a factor of 1.6× within Geneva canton).

Let us discuss your cross-border matter.

Our Geneva office welcomes you for an initial confidential meeting. Each matter receives a preliminary assessment, with direct partner involvement.

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Genève
Route des Jeunes 9, 1227
+41 22 355 03 44
Paris
49 rue de Courcelles, 75008
+33 1 42 27 78 52