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HMRC internal manual

Double Taxation Relief Manual

Double Taxation Relief Manual: Guidance by country: Switzerland: Dividends and interest

Claims to a refund of the anticipatory tax on dividends or interest should be made on Swiss form 86). Copies can be obtained from the Swiss Federal Tax Administration website () or from the payer of the dividends or interest. The form is in four parts. The claimant should complete the first three parts and send these to his tax office together with the covering vouchers. If the necessary conditions are satisfied (see INTM162030 ), an HMRC officer should complete, sign and impress with the District date stamp the certificate on the first two parts and then, subject to the final sub-paragraph below, send these two parts to the Administration Fédérale des Contributions, Eigerstrasse 65, CH-3003, Berne, Switzerland together with the covering vouchers. Keep the third part in the claimant’s file; the fourth part is kept by the claimant. Claims must be made not later than 31 December of the third year following the calendar year in which the income became due.

The Swiss Federal Tax Administration has pointed out that it receives a large number of forms which are forwarded direct by the claimant, or which are not accompanied by the covering vouchers. Often the forms are not fully completed, the most frequent omissions being the address section on the front and the series of questions on the back. HMRC officers should therefore take care to ensure that the claimant has completed the form accurately before certifying and forwarding it.

Where form 86 is submitted by:

  1. a bank (including a UK branch of a foreign bank);
  2. a Euroclear participant; or
  3. Northern Trust Company

the Swiss tax authorities have confirmed that they are content for form 86 to be sent back to the organisation making the claim rather than directly to the Administration Fédérale des Contributions. Therefore, claims on form 86 by banks, participants in Euroclear or Northern Trust Company in respect of their own income should always be returned to the organisation making the claim. (Note the penultimate sub-paragraph of DT810 if the claimant bank etc is not the beneficial owner of the income which is the subject of the claim; in such cases the claim, and the certificate, should refer to the United Kingdom resident beneficial owner of the income.) Particular care should be taken to ensure that the third part of the form is placed on the claimant’s file as this will be used to verify the claim should the Swiss tax authorities have any cases of doubt. All other claim forms should be sent directly to the Administration Fédérale des Contributions.