Create a company holding

Hi all,

I am about to take over a business, in stages. I'll start soon with a small stake and will complete the rest within 5 years.

I am a B permit, EU national but should get the Swiss nationality within a year (I hope - the process started).

The business is a SA/AG.

I am wondering how to own this rising stake?

A) In my own name

B) Through another corporation

A) Pros is mainly the low cost: simply own it, no accounts to file (just tax return), no incorporation...

Cons is that the taken over AG is a financial advisory business: I risk being requalified as a professional investor for my own wealth. Therefore my investments' unrealised profits and losses would be taxable and I would have no means to deduct some personal expenses.

B) Has lots of costs: incorporation of a GmbH, accounts, etc.

But it has some benefits: I could potentially take the dividends from the AG and invest it by the GmbH, like a small "family office".

The main issue with that: the investments unrealised profits and losses are taxable for companies but not for individuals.

But as it would stay in the GmbH, I could expense many things related to running the GmbH, depressing the taxable base.

The risk of requalification into a professional investor makes B interesting. But until I am and/or my wealth is big enough, A should make more sense.

Anyone has this holding structure and can comment

why are you asking on here? don't you have a lawyer / notary helping you?

Some people may want to share their experience

Are you buying deVere Switzerland?

Does Switzerland have look through laws? I.e. if a corporate structure is artificial, it can be ignored, and then you end up being treated as a trader anyway.