Saying bye to Switzerland without paying tax

[BigUnicorn]

TLDR: What are the real world consequences of saying “f**k you” to Switzerland where I’m owner and director on a company that needs to pay VAT and taxes?​

I’ll try to keep it short, thread title and TLDR are explanatory.

VAT is 7.7% on revenue, then on top of that income tax, then costs of liquidating/managing which in Switzerland is expensive (I know it takes around 2 years, if someone knows an option for less, he’s welcome to post or PM)

Let’s say I run (I want to move away from the country anyway)
Let’s say I miscalculated and had too many expenses. Let’s say that some of those money also went personally to me (not a lot) cause I had salary and some travel costs to refund.

1. Can they make me personally liable? How?
2. Can they freeze my bank accounts (personal) abroad? Even if those money are uncorrelated? What if in account there's money mixed with money this company sent to me (as salary, cost of refunding traveling expenses etc)?
3. Will I appear in some registers? Which ones? (ex: WorldCheck etc). What do these preclude?
4. Can they stop me at borders when traveling?
5. What are the risks of doing this?
6. Governments move "slowly", how much time do I have to pull it off / decide?

Please speak from your direct experience (with Switzerland or also another country), or from secondary maximum (you know someone or assisted someone in a similar situation). I’m trying to defy speculation within this thread.

Thanks

 

[Martin Everson]

1. Can they make me personally liable? How?

In short yes
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The members of the board of directors, any delegate of the board and any persons engaged in the management of the company (including shadow directors) are personally liable towards the company, its shareholders and creditors for any damage caused by intentional or negligent violation of their duties (cf. para. “Duties” above). The legal standing to claim such damages depends on: (i) whether such damage was suffered by the company (directly) or by a (/an individual) shareholder or creditor, respectively; and (ii) whether the company is insolvent or not.

The damage suffered by the company may not only be claimed by the corporation itself, but also by the shareholders and – upon opening of insolvency proceedings of the company – by creditors. If the company is not insolvent, the compensation claimed by the corporation or a shareholder, respectively, has to be paid to the company. Upon opening of bankruptcy proceedings, the right of shareholders and creditors to sue the liable persons is, however, suspended and the bankruptcy trustee is first entitled to recover damages in favour of the company or the bankruptcy estate, respectively. Where the bankruptcy trustee waives its right to bring such a claim, any shareholder or creditor is entitled to claim the damage suffered by the (insolvent) company.
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2. Can they freeze my bank accounts (personal) abroad? Even if those money are uncorrelated? What if in account there's money mixed with money this company sent to me (as salary, cost of refunding traveling expenses etc)?

Yes but they need to know where you are and country where your account is abroad to issue assistance request.

3. Will I appear in some registers? Which ones? (ex: WorldCheck etc). What do these preclude?

Your company will appear in Debt Collection Office aka Betreibungamt public register at local canton. It will be available to thirdparties who provide justification for their interest for up to five years I believe.

4. Can they stop me at borders when traveling?

Stop you where and and what point and for what offense?

5. What are the risks of doing this?

Very little if you bugger off to Africa or Asia and stay away from Switzerland, EU and EEA countries for example.

6. Governments move "slowly", how much time do I have to pull it off / decide?

Lol....are you serious? Sort things out with authorities and close things off properly before leaving.

 

[Houdini]

Well, usually if you have a AG or GmBH there are no liabilities to the director or shareholders nor to the owner unless something criminal is happening.

Leaving a company without money because it has used it and for that reason has not the money to pay to be closed properly meet accounting requirements etc. is not a criminal act and as such no one can be hold liable for it. Is that different in Switzerland, if so, why would you own a AG or GmbH ?

 

[JustAnotherNomad]

In some countries, you can sell your company to a "liquidator" who will take over all responsibilities for a fee. Not sure if that's possible in Switzerland.

 

[ZipZop]

directors are liable (criminal law) for the pensions funds (AVS; 2nd pillar,etc..) of the employee, even for their own salaries. in any case you must pay that at minimum otherwise a case could be open.
regarding tax and VAT, the directors are liable if they consider that was not paid on purpose, especially with transfer to your own personal accounts.
they will send a notice to the company (as well to you if they consider it's your fault) to pay (commandement de payer, acte de poursuite) then bankruptcy process could start. if it's also on you personal you will receive a "acte de défaut de biens" which basically will make you persona non grata in any swiss bank in the future but also you won't be able to earn anything in Switzerland before paying the full amount (you just have the right to keep the legal minimum which is not much), statute of limitation for that is 20 years.

I would at least pay the employee's pension fund and the taxes (VAT, corporate tax) . then you can sell your company for CHF 1.- to someone if it's done the right way.. it depends if it's a Sàrl or a SA, which bank,etc.

 

[BigUnicorn]

directors [...] SA, which bank,etc.

This is the best answer so far, and the first paragraphs are in line with what I was informed of as well, so thank you!

you can sell your company for CHF 1.- to someone if it's done the right way.. it depends if it's a Sàrl or a SA, which bank,etc.

could you please write me your Telegram username or any mean of communication? I can't PM you here. I'd like to know more/discuss more about this.. it'd be really really helpful, as all this situation has been quite a dilemma and to improve effectiveness and avoid any avoidable cost/do it smartly would be extremely helpful.. thank you in advance if so as I'm quite frustrated with this situation