|
|
|
|
|
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 has 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 50% or more of the value (or vote, if relevant) of the above-mentioned class of shares is held by not qualified persons ACTIVE TRADE OR BUSINESS TEST The person is engaged in the active conduct of a trade or business in CH The income derived by this person from USA is not derived in connection with the business activities carried on in CH The income derived from USA is incidental to the trade or business in Switzerland TRIANGULAR CASES The Swiss enterprise does not derive income from USA which is attributable to a permanent establishment in a third jurisdiction Under these circumstances treaty protection is granted
|
