Find out what drives us and what defines our values
Meet the experts who manage your finances with passion.
Discover our current job offers or apply proactively!
Tax and Legal
Marco Schoch | Founding Partner
Zurich, January 18, 2023
Self-employment has become a popular option for many people in Switzerland. It offers more flexibility, independence and the opportunity to make their own financial decisions. However, becoming self-employed requires sufficient funding, and for many people, early withdrawal from the pension fund and pillar 3a can be a valuable source of funding. In this blog, we go into the legal provisions and procedures for early withdrawals from pillar 3a and the pension fund in Switzerland and explain how they can be used to finance self-employment.
Book a free initial consultation with our experts.
Pillar 3a is a voluntary pension plan in Switzerland that offers tax advantages for contributors. Contributions to Pillar 3a are tax deductible up to a certain annual amount. In addition, the funds accumulated in Pillar 3a are tax-free until they are withdrawn, so there is no wealth tax.
Occupational pension provision, also known as pension fund or BVG, is a compulsory benefit for most employees. It supplements the AHV pension and helps to ensure a comfortable standard of living in old age. The employer is responsible for connecting employees to a pension fund and pays at least half of the monthly contributions deducted from the employee’s salary.
Pillar 3a and pension funds are two key components of the Swiss pension system that provide a financial safety net for older people. In addition, these funds can also be used to finance self-employment, making them an important source of funding for people who want to start their own business.
If you are not yet 50 years old, you can withdraw your pension assets. However, if you are 50 or older, you may only withdraw either half of your current balance or the maximum balance you could have withdrawn at age 50, whichever is greater.
The prerequisite for an early withdrawal from pillar 3a or a pension fund is that the person is self-employed and registered with the AHV. The person must work in their own name and at their own risk, which is only possible in the case of a sole proprietorship or partnership. If the person works for their own AG or GmbH, they are considered an employee and are not entitled to an early withdrawal.
The early withdrawal from pillar 3a and pension funds can be a valuable source of financing for self-employed persons. However, it is important to weigh up the advantages and disadvantages before making a decision. The advantages include access to a large lump sum, breaking the tax progression if a lump sum withdrawal is planned at retirement or provided for under the pension fund regulations, and the possibility of using the money for one’s own business. The disadvantages include a reduction in retirement provision, immediate taxation of the amount and, with some pension funds, benefits are also reduced in the event of death or disability.
An early withdrawal from pillar 3a is subject to immediate taxation. The pension provider (bank/insurance company) reports the early withdrawal to the Federal Tax Administration, which calculates and collects the tax via the communal or cantonal tax office.
In the case of restricted personal pension provision, the benefits are taxed differently; the assessment is made separately from the ordinary annual income tax or the withholding tax in the case of foreigners. This prevents the investment income from occupational pensions from bringing the regular annual income taxation into a higher progressive bracket.
In order to withdraw funds from Pillar 3a or a pension fund, one must complete the relevant forms and submit them to the respective institution. In addition, the person must prove his/her status as a self-employed person and the purpose for which the funds are to be used, usually with a confirmation from the AHV compensation fund. An advance withdrawal can only be made within one year of the start of self-employment.
It is important to seek professional advice before making a withdrawal, as there are tax and legal consequences to consider.
When a sole proprietorship is converted into a joint stock company or limited liability company, the occupational pension funds drawn do not have to be repaid. Entrepreneurs who have drawn BVG or Pillar 3a funds on their way to becoming self-employed can complete the transition without having to repay them. The establishment of a corporation and the early access to the pension assets can be achieved by setting up a sole proprietorship and subsequently converting it into an AG or GmbH, so that access to the assets is still possible and the advantages of a corporation can be used.
In summary, self-employment is a popular option in Switzerland, with early withdrawals from pillar 3a and the pension fund providing valuable funding. However, it is important to consider the eligibility requirements, restrictions and consequences, such as reduced pension benefits and taxation. It is recommended that professional advice be sought. Entrepreneurs who have drawn funds can convert to a limited company without having to repay funds.
Nexova AG offers competent advice on self-employment and early withdrawal. Our team will help you make informed decisions and clarify the tax and legal implications. Arrange a non-binding consultation appointment at any time to discuss your specific needs. Our goal is to help you make the most of your resources and achieve your business goals. Contact us for a personal consultation.
Your feedback matters
Mr. Merz has a very broad knowledge and was able to help me with all my questions. The conversation was very pleasant and very informative for me. Thank you for your support.
Uncomplicated or serious? Both here. A young, smart team is at work here, offering excellent services, highly uncomplicated and competent. Instead of a prestigious reception area, expensive offices and a few small gifts, you offer fast and competent services. For me as a one-man company, this is exactly what I need.
I have been a Nexova customer for some time now and so far I am very satisfied! Thanks to the digital working methods and high responsiveness of the client managers, little time is lost in the daily process in particular. The prices are also very fair. Nexova handles the annual financial statements for me, including the tax balance sheet. The processes are standardized, which is a great advantage for audits (AHV and taxes). The two founders are two young, innovative guys and very serious.
The friendly and competent Nexova employee was able to answer my questions about company car taxation quickly and specifically. Thank you very much for this!
When I founded my company a year ago, I needed a reliable fiduciary partner. In addition to pure accounting, Nexova also offers me very good advice on all aspects of labor law. Thanks to the E-Post solution, I no longer even have to worry about my company mail and can focus purely on my service activities. My contacts at Nexova are always very friendly and pleasant to deal with. The complete package is simply TOP and I can only recommend Nexova!
Top company & friendly owners. A highly recommended trustee.
Very good and competent advice!
Professionally at a very high level. They are very good with Excel and could also support us with automation of processes.
I had a few questions about remote work and was advised super and free of charge. Thank you very much!
Very good service. Good and competent advice with friendly staff. I can definitely recommend
The Nexova team is very professional and I felt they always had my best interests at heart. I highly recommend Nexova and will continue to refer my clients to them and trust them with my business.
I am impressed with their outstanding service, especially in the field of accounting services, they demonstrate a professional approach and exceptional attention. As a lawyer, I have found Nexova to be a valuable partner in the financial world.
I had an excellent consultation with Nexova AG regarding withholding tax. Their expertise is remarkably extensive and their guidance was invaluable, I highly recommend their services. A first class experience.
The Nexova Team is an important partner to our startup, enabling us to pass all of our accounting, tax and payroll duties. We specially value their expertise with Startups and flexibility, which allows us to plan and manage our financials effectively and to focus on the bottom line of our operations.
We are very satisfied with Nexova as our trustee. Thanks to the Teams group chat, I can always count on very fast response times (of a few minutes). The Teams Chat group is great. With our old trustee, we had to write mails and always had to wait a long time for an answer and on top of that we were charged for every little question. Fortunately, this is not the case with Nexova.
Nexova solved my problem with a non-paying tenant quickly and efficiently. I was simply overwhelmed with the situation and glad for the competent legal advice. Nexova handled everything from the reminder with threat of termination, to representation in court, to the police eviction quickly, efficiently and also inexpensively. Many thanks for the valuable help.