Claim to refund of taxes paid in Switzerland

Apr 12, 2007 1 Replies

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In 2005 I moved from Switzerland (where I worked for a Swiss company) to the US. At that time I took my pension as a cash payment and I paid taxes to the Swiss government. They will refund that tax to me if I send a form stating that the "tax authority of the place of residence" knows about the cash settlement. The signature must be from "the tax authority of the foreign domicile." I claimed this cash settlement on my 2005 taxes, which I filed while living in Ohio. The problem is, nobody has been able/willing to sign the form. I've asked my accountant, my town's tax office, my state's tax office and my county's tax office. They recommended that I contact the IRS. I've waited at the IRS office to get in and see a representative, but so far I haven't seen anyone. I'm going to try again, but I wonder if anyone has any advice? This has turned into a bit of a headache and I appreciate any suggestions you have. Thanks

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My guess is that you need the assistance of the United States Competent Authority. You are getting into potentially very complex area, including the possibility of filing for a protective claim for refund to protect yourself from double taxation in case the U.S. Competent Authority taxes too long to review your situation. See Revenue Procedure 2006-54 for information on how to request assistance from the U.S. Competent Authority. A copy of the Rev Proc can be found here:

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Depending on exactly what you need to request to resolve your situation, the user fee for getting the Competent Authority involved could range from nothing to $15,000. There are some phone numbers at the end of the Rev Proc that might be a good starting point for you.

--Chris

Claim to refund of taxes paid in Switzerland

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