SUMMARY RESIDENT PERSON PREDOMINANT INTEREST TEST The ultimate beneficial owners are not qualified persons in the aggregate of a predominant interest in the form of participation or otherwise STOCK EXCHANGE TEST The principal class of shares is not listed or is not regularly and primarly traded on one or more recognized stock exchanges The ultimate beneficial owners of a predominant interest in the company are not one or more companies which meet the direct stock exchange test 95% SHAREHOLDER TEST 95% or more of all the shares (of the aggregate vote and value) are ultimately owned by seven or fewers persons that are qualified persons of a member state of the EU or of the EEA or a party to the NAFTA Less than 50% of the gross income is used to make deductible payments to persons which are neither qualified persons nor US citizens The company does not have outstanding a class of shares that entitle its holders to a portion of the income derived from USA that is larger than a portion such holders would receive in absent of such a class of shares The company that controls such a company has not outstanding a class of shares that entitle its holders to a portion of the income derived from USA that is larger than a portion such holders would receive in absent of such a class of shares TRIANGULAR CASES The Swiss resident company derives income from USA which is attributable to a permanent establishment in a third jurisdiction The total tax liability in CH and the third jurisdiction is less than 60% of the tax liability that would have been payable in CH, if the income was earned in CH by the company and were not attributable to the permanent establishment in the third jurisdiction The income is royalty income received as compensation for the use of, or the right to use, intangible property produced or developed by the permanent establishment itself Under these circumstances treaty protection is granted
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