On 1 January 2026, Switzerland brought into force the revision of the TLEA / OEAR incorporating CRS 2.0 (the extended common reporting standard) and the CARF, the reporting framework for crypto-assets. However, on 26 November 2025, the Federal Council decided that the crypto-asset provisions would not apply in 2026: the competent parliamentary committee (CER-N) suspended its examination of the list of partner States. The practical consequence: CRS 2.0 is indeed active, but the exchange of crypto data will not take place before 2027. For settlors, trust beneficiaries, family foundations and crypto-asset holders with French-Swiss ties, this asymmetry opens a compliance window to be used methodically.
The automatic exchange of information (AEOI) has been based, since 2017 for Switzerland, on the OECD's Common Reporting Standard (CRS): financial institutions identify accounts held by persons who are tax residents abroad and transmit the balances and income to the Federal Tax Administration (FTA), which exchanges them with partner administrations. On 1 January 2026, the revision of the TLEA (the act on the automatic exchange of information) and of the OEAR brought into force CRS 2.0 and the legal basis for the CARF.
CRS 2.0 broadens the reporting scope: inclusion of electronic money and central bank digital currencies, clarifications on insurance and investment products, and above all reinforced due diligence on controlling persons of entities, first and foremost trusts and foundations. For a wealth structure, this means a more granular identification of the settlor, trustee, protector and beneficiaries, and the transmission of this information to the FTA.
The CARF (Crypto-Asset Reporting Framework), published by the OECD in October 2022, extends this logic to crypto-assets: crypto-asset service providers would become reporting entities, required to identify their clients and report transactions. However, on 26 November 2025, the Federal Council decided that the crypto-asset provisions of the TLEA and the OEAR would not apply in 2026. The reason: the Economic Affairs and Taxation Committee of the National Council (CER-N) suspended its examination of the federal decree setting the list of partner States with which Switzerland would exchange this data.
The draft decree provided for the exchange of crypto data with around 74 jurisdictions (all the Member States of the European Union, the United Kingdom and most G20 countries, with the notable exceptions of the United States and Saudi Arabia). In the absence of activation, 2026 crypto data will not be exchanged in 2027. CRS 2.0, for its part, remains fully applicable: the first exchanges under the revised standard will take place in 2027 in respect of the 2026 year. This distinction is essential for calibrating a compliance strategy.
The postponement of the crypto component is not an exemption: it is a compliance window. CRS 2.0, for its part, is already active and increases transparency over wealth structures. The challenge is to align the identification of beneficial owners and the tax qualification of assets before the first exchange.
CRS 2.0 reinforces due diligence on the controlling persons of a trust or a foundation. The settlor, trustee, protector and beneficiaries must be identified consistently with the structure's documentation and with the tax returns filed in the States of residence. A discrepancy between the self-certification provided to the bank and the legal reality of the trust exposes the parties to a report and a cross-check.
As the exchange of crypto data has been postponed, holders have time to regularise and document the origin, holding and tax treatment of their crypto-assets before the first transmission to the FTA. Anticipated compliance (qualification of assets, traceability of flows, consistent reporting in France and Switzerland) is far preferable to a forced regularisation once the exchange is activated.
For a French settlor with Swiss ties, or a Swiss-resident beneficiary retaining tax links with France, the AEOI feeds the audits of both administrations. The interplay with the amended 1966 France-Switzerland treaty, the French qualification of trust distributions (article 120, 9° of the French Tax Code) and the French reporting obligation (article 1649 AB, form 2181-Trust) must be addressed together, not site by site.
The higher standard of transparency may justify reconsidering the structure: a Swiss family foundation (art. 335 CC), a Luxembourg L-QIF, or a capitalisation contract, each with a different reporting profile and tax legibility. The right vehicle is the one that remains consistent and defensible under the AEOI, not the one that relies on opacity.
Article 335 of the Swiss Civil Code.
A legible and recognised structure, provided the limits of art. 335 para. 2 CC are respected. A manageable AEOI reporting profile when the beneficiaries and the purpose are clearly defined.
A dedicated vehicle following the 2023 reform.
Limited Qualified Investor Fund: management flexibility and a consistent tax treatment. To be compared with a trust for the same wealth purpose under AEOI constraints.
Interaction with a Swiss residence.
A capitalisation tool recognised by the France-Switzerland treaty, to be integrated into a residence and succession strategy compatible with increased transparency.
For existing structures and assets.
A consistency review of bank self-certifications, structure documentation and tax returns; bringing crypto-assets into compliance before the CARF is activated.
Me Jonathan Bensaid, founding lawyer of the firm, advises settlors, trust beneficiaries, family foundations, family offices and crypto-asset holders with French-Swiss ties on AEOI / CRS 2.0 compliance audits, anticipation of the CARF, identification of beneficial owners, regularisation and documentation of crypto-assets, and reporting consistency between France and Switzerland. The firm is registered with the Paris & Geneva Bars, allowing direct coordination with custodian banks, trustees, family offices and Swiss advisers.
Yes. The revision of the TLEA and the OEAR incorporating CRS 2.0 entered into force on 1 January 2026. Swiss financial institutions apply the revised common reporting standard from this year onwards, which broadens the scope (electronic money, central bank digital currencies, insurance and investment products) and reinforces due diligence on the controlling persons of entities, in particular trusts and foundations. The first exchange under CRS 2.0 will take place in 2027 in respect of the 2026 year.
On 26 November 2025, the Federal Council decided that the crypto-asset provisions contained in the TLEA and the OEAR would not apply in 2026. The Economic Affairs and Taxation Committee of the National Council (CER-N) had suspended its examination of the federal decree setting the list of partner States with which Switzerland was to exchange this data. Without activated partner States, the exchange of 2026 crypto data will not take place in 2027; the implementation of the CARF is expected in 2027 at the earliest.
The draft federal decree envisaged an exchange with around 74 jurisdictions relevant to the crypto-asset market: all the Member States of the European Union, the United Kingdom and most G20 countries, with the notable exceptions of the United States and Saudi Arabia. The effective activation of the exchange with each of these States remains subject to verification, by the Federal Council, of compliance with the CARF requirements on confidentiality and data security.
CRS 2.0 reinforces the identification of the persons controlling the structure: settlor, trustee, protector and beneficiaries. The information transmitted to the Federal Tax Administration (FTA) must be consistent with the legal documentation of the trust or foundation and with the tax returns filed in the States of residence. Any discrepancy between the self-certification provided to the bank and the reality of the structure may trigger a report and a cross-check between administrations.
The firm, registered with the Paris & Geneva Bars, carries out an AEOI / CRS 2.0 compliance audit (consistency between bank self-certifications, structure documentation and tax returns), anticipates the CARF by securing the qualification, origin and tax treatment of crypto-assets before the exchange is activated, and coordinates reporting consistency between France (article 120, 9° of the French Tax Code, form 2181-Trust under article 1649 AB) and Switzerland. The dual Geneva-Paris presence allows direct coordination with custodian banks, trustees and family offices.
Related resources on international wealth taxation, trusts and French-Swiss residence.
Bilateral treaties, transfer of tax residence, exit tax and international transparency.
Voir la page Area of expertiseTrusts, fiducies and foundations: formation, documentation and defence under the AEOI.
Voir la page Tax watchConseil d'État, 13 March 2026: presumption of taxation of distributions from foreign trusts.
Voir la page Lead counselInternational taxation, trusts and French-Swiss wealth structures.
Voir la pageA confidential first meeting. AEOI / CRS 2.0 audit (consistency of self-certifications, structure documentation and tax returns), anticipation of the CARF, regularisation and documentation of crypto-assets, and France-Switzerland reporting coordination for settlors, beneficiaries, family foundations and family offices.
© BENSAID Avocats — This article is educational and indicative. It does not constitute personalised legal advice. Sources: FTA — automatic exchange of information (AEOI); SIF — AEOI financial accounts; FTA Directive of 15 January 2026; revision of the TLEA / OEAR (CRS 2.0 + CARF) in force since 1 January 2026; Federal Council decision of 26 November 2025 (non-application of the crypto-asset provisions in 2026); CARF (OECD, October 2022). Last updated: June 2026.
