Question 1

How long does the company foundation take?

Accepted Answer

The foundation takes up to 2-3 weeks.

Question 2

I would like to start my own business, how do I proceed?

Accepted Answer

Mandatory: if your annual profit exceeds CHF 2,300 (sideline) or CHF 9,400 (main occupation), you must register with the cantonal compensation office. The income must be declared in the private tax return.

If your turnover exceeds CHF 100,000 per year, it is also compulsory to register with the commercial register and to be subject to VAT. It is often advisable to make the entry in the commercial register and the VAT registration voluntarily even if the annual turnover is lower.

Question 3

When may I withdraw my pension fund assets as capital for my start-up?

Accepted Answer

This is only possible when a partnership (sole proprietorship, general partnership) is founded. In addition, you must be recognized by the cantonal compensation office as a self-employed person. The self-employed activity must also be your main occupation.

The formation of a GmbH or AG does not entitle you to receive your pension fund.

Question 4

How Long after the Company foundation does the VAT have to be settled?

Accepted Answer

First of all, it is necessary to clarify whether one is subject to VAT at all, since there are also tax-exempt services. These include, for example, the provision of services abroad, or activities in the medical or cultural field. Moreover, VAT liability only applies to turnover of CHF 100,000 or more generated in Switzerland. If VAT liability exists, the company must be registered with the Swiss Federal Tax Administration (ESTV) and a VAT number must be applied for when it is founded. However, it is also possible to voluntarily apply for a VAT number (for a turnover of less than CHF 100’000.-). If an existing company expands its business and must therefore expect to exceed the threshold, it will also be subject to tax. It is therefore advisable to make a projection after three months. If the extrapolated turnover exceeds the threshold value of CHF 100,000, the company must be registered with the ESTV. However, if the threshold value is only exceeded some time after the company is founded, the company must register on 1 January of the following year in which the threshold value is exceeded.

Question 5

What do I have to consider when choosing the company name?

Accepted Answer

The company name can inherently be chosen freely. However, certain restrictions must be observed. For example, the name must not deceive about the purpose of the company. Furthermore the company name is not allowed be descriptive.

Deceptive company name

The name „Rudolf Stahlhandel AG“ would not be permitted if the company does not engage in steel trading, but has the purpose of managing the tenements of Mrs. Rudolf.

Descriptive company name

Generally not allowed are names that only describe the sector, as for example „Auto AG“, „Handels GmbH“ or „Maler AG“. On the other hand, allowed are company names, which are supplemented by further elements and thus individualize the name: e.g. „H. Meier Auto AG“, „MiDio Handels GmbH“, „Maler 2000 AG“, „TATA Transport AG“, „Lagerhaus Weinfelden AG“.

For a sole proprietorship the family name is mandatory and must appear in the company name.

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