Switzerland scraps MFN for India citing lack of reciprocity

NEW DELHI: Switzerland has suspended the most favoured nation (MFN) clause in a bilateral tax treaty with India following the Indian Supreme Court's decision last year, adding an extra procedural layer and making the applicability of the provision non-automatic in a tax dispute involving Nestle SA.

- Gireesh Chandra Prasad

An order from the Swiss government showed that cross-border dividend payments would be subject to 10% tax at source from January 1, as per the bilateral tax treaty between the two nations, rather than a 5% rate that the Swiss competent authority had said would apply in August 2021. However, for the tax years between 2018 and 2024, the 5% tax would apply, and the increase applies from next year, the Swiss government order said.