State Broadcast Fees Unlawful for Companies

State Broadcast Fees Unlawful for Companies

Fr, 1. Dez. 2023

The imposition of radio and television fees upon companies has been deemed unlawful by the Federal Administrative Court due to its inequitable nature, particularly disadvantaging small businesses.

An invoice by radio and television licencing company Serafe, captured in Zurich, Switzerland, on January 17, 2019. (KEYSTONE/Christian Beutler)

This court decision led to the recommendation that the Federal Council reassess the existing corporate fee structure for radio and television services.

Despite this ruling, the current tariff framework will persist until the forthcoming modification of the regulation, ensuring legal certainty. Additionally, the Federal Council has pledged to conduct periodic tariff reviews every two years.

In the upcoming assessment, the Federal Administrative Court urges the Federal Council to contemplate a progressive or partially linear framework for the corporate levy. This proposal stems from complaints filed by four companies against the applied fees.

Regarding tax regulations outlined in the Value Added Tax Act, the tax imposed on companies is contingent upon the total declared global turnover submitted to the Federal Tax Administration. Companies reporting a turnover of up to half a million francs are exempt from this tax.

Federal Councillor Albert Rösti recently proposed a reduction in the Serafe fee, advocating for a decrease from CHF 335 to CHF 300. Simultaneously, his proposition aims to grant an exemption to 80 percent of companies from this fee. Consequently, only large corporations would be obligated to remit the Serafe fee, while smaller and medium-sized entities would enjoy exemption.

This proposed adjustment could potentially reduce SRG’s budget by CHF 170 million. According to Rösti’s estimation, it might necessitate the elimination of several hundred jobs within the organization.

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