Climate protection and VAT – new Federal Supreme Court ruling

Auch der Handel mit Emissionsminderungs-Zertifikaten CER und VER unterliegt der Mehrwertsteuer.

In 2019, the Swiss Federal Supreme Court issued an important ruling on the tax status of emission-reduction certificates:

Revenue from the sale of the CER and VER types is no longer considered VAT-exempt revenue:

  • Their sale to domestic counterparties now results in taxable turnover.
  • The sale of these certificates to a foreign counterparty now results in VAT-exempt revenue.

The purchase of CER and VER certificates from foreign counterparties by a domestic counterparty is now subject to acquisition tax.

The relevant VAT information is being updated accordingly. There is no need for action with regard to past transactions. (Source: BGE 2C_488/2017 dated 9/4/2019)