Taxpayers receive a loan of CHF 800k from the company of which they are shareholders and directors. The tax authorities reclassify part of the loan as a hidden dividend (benefit in kind).
The cantonal judges consider that the loan was granted on terms that would never have been granted to third parties and that the loan was a sham: \u00abthe company granted a total loan of CHF 800k to the taxpayer, even though he was the sole managing partner, without formalising this loan by a written contract, nor requiring security, nor even providing for a repayment plan. However, the taxpayer had a difficult financial situation at the time. Therefore, it is not clear from reading the appeal how the company \u2013 whose corporate purpose is not to grant loans \u2013 could have considered granting a loan of this magnitude to a third party without carrying out a prior assessment of solvency or requiring solid guarantees. Furthermore, the taxpayer has not established that he has shown any intention to repay his debt. He has not proposed any repayment plan to the company, nor has any deadline been set. The interest expenses of the loan were also borne by the company.\u00bb
Federal judges adopt the arguments of cantonal judges.
The ruling is in French. This is a Vaudois case.<\/p>\n\n\n\n
Federal Tribunal, judgment 9C_462\/2024, of 9 May 2025<\/p>","protected":false},"excerpt":{"rendered":"
\ud83d\udc49 Les contribuables re\u00e7oivent un pr\u00eat de CHF 800k de la soci\u00e9t\u00e9 dont ils sont actionnaires et animateurs. Le fisc requalifie une partie du pr\u00eat en dividende cach\u00e9 (prestation appr\u00e9ciable en argent ou PAA). \ud83d\udc49 Les juges cantonaux consid\u00e8rent que le pr\u00eat a \u00e9t\u00e9 accord\u00e9 \u00e0 des conditions qui n’auraient jamais \u00e9t\u00e9 accord\u00e9es \u00e0 des […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-228","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"acf":[],"yoast_head":"\n