You have 30 days from the date of notification to lodge a written and reasoned complaint and to demonstrate that the assessment is manifestly incorrect, if necessary to lodge the tax return or to answer the requests for information that you have omitted. If the assessment is insufficient, you must still act in order to avoid a fine for tax evasion.

Even if you have not received it, it is your responsibility to request it and file the return. Although this is rare, the administration may not be aware that your new company has been founded and it is therefore your responsibility to notify the relevant tax authority.

Failure to file a tax return on time despite a reminder constitutes a procedural violation, punishable by a fine of up to CHF 10,000 in serious cases or repeated offences. Each delay is treated separately and the fine applies to both direct federal tax and cantonal and communal taxes. It is advisable to request additional time.

The absence of a supplier's invoice could be problematic in the event of a tax audit, in which case the administration may refuse to refund the VAT invoiced by the supplier, unless you can prove the amount and rate of VAT paid to your supplier by any other means. It is advisable to ask for the invoice or other evidence showing this.

In principle, direct federal tax does not bear interest on arrears until the final or provisional assessment. In Geneva, the profit/income tax is due on the last day of the tax period and bears interest on arrears from the 31st day thereafter. If the balance is in favour of the tax authorities on this date, taking into account previous years and instalments, it is better to request a provisional ISR in order to avoid late interest.

It is not forbidden to use your company's funds, but it is a loan. Prompt repayment within 30 days is desirable, otherwise the loan must bear market interest. Furthermore, the loan must be documented, the borrower's creditworthiness must not be in doubt and the commitment to repay must be certain, otherwise the entire loan may be qualified as a hidden distribution of profits.

The use of the company car for your own purposes requires sufficient market remuneration and proportional coverage of maintenance and insurance costs, otherwise it would be considered as a hidden dividend. In addition, the private share must be calculated and the VAT to be reimbursed must be correctly adjusted, otherwise a reversal will be possible in the event of a tax audit.

If you are an employee residing in Switzerland, you must in principle file your tax return in order to declare income not subject to tax at source or when your gross income exceeds a certain threshold, which is CHF 120,000 in Geneva, or if you have taxable assets, for example CHF 83,398 in Geneva for a single person.

Completing your tax return, even if you are obliged to do so, does not release your employer from paying the withholding tax. However, it is deducted from your final tax bill, or refunded if it exceeds it. In addition, if the administration is unable to collect the withholding tax from your employer, it may demand it from you directly.

In principle, a Swiss resident who does not declare income subject to withholding tax or the assets from which this income is derived to the competent tax authorities loses the right to a refund of the withholding tax deducted from this income. However, it is still possible to claim a refund if the omission of the declaration was due to negligence and if this income or this wealth is declared later or has been taken into account by the tax authorities before the taxation has become effective.

A subordination has no tax effect as long as the claim remains and the company is not yet substantially enriched. However, a waiver of the claim is subject to the 1% stamp duty, subject to exemptions for reorganisation under special conditions. Such a waiver may also be subject to profit tax in certain circumstances, in which case the profit may be offset against losses carried forward without a 7-year limit.

It is possible that the authority relies on estimates or flat-rate calculations and thus rejects depreciation or provisions that are deemed excessive, subject to proof of their justification. In this case, a possible release of a provision in the following year will be tax neutral to the extent of this reversal, thus levelling the financial statements and the tax balance sheet.

A loan to the company is possible, but must not bear excessive interest, otherwise it will be considered as a hidden dividend. The loan may also be considered as hidden equity in case of an undercapitalised company, and will therefore be added to the capital tax base.

If there is a single director who is constantly working in a canton other than that of the company's registered office, there is a risk that the tax authorities will consider the place of effective administration or the permanent establishment in this other canton, and thus the company will be subject to taxes there. Intercantonal conflict may also occur for this reason.

Swiss employers pay social security contributions on their employees' wages. The contributions for AHV, disability insurance and loss of earnings allowances amount to 10.6%, as well as unemployment insurance which amounts to 2.2% (1% for the portion exceeding 148,200). Half is due from the employer and the other half is deducted from the salary. In the canton of Geneva, you must also pay maternity insurance of 0.086% (half and half) and family allowances of 2.45% (entirely paid by the employer). Finally, you have to pay the 2nd pillar pension contributions and the occupational accident insurance premiums.

Although the duties of a director are governed by a mandate contract and not by an employment contract, all director's remuneration in any form whatsoever - fees, directors' fees or salary - constitutes a salary that is relevant for social security contributions.

Except in serious cases that irretrievably break the relationship of trust, a dismissal requires a statutory notice period of at least 1 month in the first year of service, at least 2 months in the second and at least 3 months from the third. During the probationary period of up to 3 months, the period is shortened to 7 days. It is also not allowed to dismiss an employee in an abusive way, for example during sick leave, maternity leave or military service.

The appointment of a director is a matter for the general meeting of shareholders. As a contract of office, it can be terminated at any time and without further notice. However, where the director also holds a position as a director or employee, this relationship is governed separately by an employment contract, and unless immediate dismissal is justified, the minimum notice periods for terminating this second contractual relationship must be observed.

In industries with an unemployment rate of at least 5%, vacancies must be advertised at the regional employment office and not advertised elsewhere for 5 days. There are exceptions for relatives of directors, people already working in the company and many others. Failure to comply with this obligation is punishable by a fine of up to CHF 40'000.

A discretionary bonus is not necessarily provided for in the employment contract, but is in principle at the discretion of the employer. However, in the absence of an explicit agreement, the bonus is considered to be agreed if the employer has paid it for more than three consecutive years without reserving its discretionary nature in a statement to the employee. In this case, the employee can demand payment of the bonus.

Most contracts in Switzerland are not subject to any special form. In these cases, an electronic signature is sufficient as proof of the parties' signature of the contract. However, for contracts that are subject to a written form by law - insurance, assignment of claims - a qualified electronic signature provided by an accredited provider and complying with strict legal requirements is required.

A written power of attorney, general or special, attesting to your employee's power of representation is usually sufficient. However, if you have made known, either in express terms or by your actions, the powers conferred on your employee, you can only oppose the total or partial revocation of these powers to third parties acting in good faith if you have also made this revocation known.

If, despite reminders, your debtor still does not pay, it is strongly recommended that you request a written acknowledgement of the debt. With this acknowledgement, you may be able to ask for the debt to be pursued even if the debtor objects. If you do not have such a document, you will have to prove your claim in court.

You have 10 days to oppose it without giving reasons. If your creditor does not have a written acknowledgement of debt signed by you and does not have an enforceable judgement, it is his responsibility to prove the claim in court. However, the debt is recorded in the public register for up to one year, even if your creditor is wrong, so you can ask him to cancel the debt served without reason.

Unless otherwise stipulated in your contract, a serious doubt about the solvency of your debtor allows you not to perform your contractual obligations until payment is guaranteed. This is particularly the case in the event of bankruptcy or unsuccessful seizure. In addition, and unless otherwise contractually agreed, you are not obliged to provide your services before payment.

In contrast to the 5% interest on arrears which is provided for by law, reminder charges must be specifically mentioned in the contract, as imprecise wording such as "reminder charges may be charged" is insufficient. If the reminder fee is properly agreed, the creditor may not set it arbitrarily. Otherwise it is up to the creditor to prove the damage or lost profit caused by your delay.