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

RESIDENT PERSON

The person receiving the income is a Swiss resident company

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

One or more companies which meet the direct stock exchange test are the ultimate beneficial owners of a predominant interest in the company

TRIANGULAR CASES

The Swiss resident company does not derive income from USA which is attributable to a permanent establishment in a third jurisdiction

Under these circumstances treaty protection is granted