SUMMARY

According to the information provided the test may be summarized as follows :

The information included in the present tool is intended as general guidance and is not represented to be comprehensive or advisory in nature. Please contact your professional tax adviser for detailed information regarding the topic contained herein

LIMITED TREATY BENEFITS

More than 30% of the aggregate vote and value of all shares is ultimately owned by qualified persons resident in CH

More than 70% of the aggregate vote and value of all shares is ultimately owned by qualified persons and persons which are resident of an EU, EEA or NAFTA member State

With regards to shares ultimately owned by residents of an EU,EEA or NAFTA member State, there is a tax treaty between the State of residence of the recipient and USA

The recipient of the income is entitled to all benefits of the previously mentioned treaty

The recipient of the income would not qualify for total treaty benefits under the LOB provision in the CH-USA tax treaty if it were applicable

Under these circumstances limited treaty protection is not granted