Executive Summary
Launching a freelance business in Switzerland (Sole Proprietorship) generating less than CHF 100,000 per year offers a light administrative framework, but comes with formidable legal pitfalls. Tax-wise, according to Art. 10 of the VAT Act, you are exempt from mandatory VAT registration (you invoice net amounts). Socially, this is the critical step: you must obtain formal recognition of your self-employed status from the OASI (AHV) Compensation Office. To bypass the "launch paradox" (finding your first 3 clients without having the certificate), temporary use of an umbrella company (payrolling) often proves essential. Without this strict validation, your clients face the risk of your contracts being requalified as disguised employment and will have to pay your social charges retroactively.
1. The Tax Framework: VAT Exemption (The CHF 100,000 Rule)
In Switzerland, the administrative simplicity for small independent activities is remarkable. It is not necessary to found a Joint-Stock Company (SA/AG) or an LLC (Sàrl/GmbH) to start invoicing. You can operate under the Sole Proprietorship (Einzelfirma) status, simply by using your surname.
The main financial advantage of starting "small" concerns the Value Added Tax (VAT).
The Principle of Article 10 of the VAT Act
The Federal Act on Value Added Tax (VAT Act) sets a clear threshold: As long as your annual global turnover (from taxable services) does not exceed CHF 100,000, you are exempt from mandatory VAT registration.
Concretely, this means that:
- You do not charge any VAT to your clients (your prices are net).
- You are exempt from heavy quarterly declarations to the Federal Tax Administration (FTA).
- Corollary: You cannot recover VAT on your own professional purchases (IT equipment, travel expenses).
The mandatory mention on the invoice: For your invoicing to be legally bulletproof in the absence of a VAT number, you must absolutely include the following mention on your documents: "VAT not applicable".
2. The Social Trap: OASI (AHV) Recognition (The True Judge)
This is where the illusions of many freelancers or cross-border workers shatter. A persistent misconception leads people to believe that if they earn little money, it's enough to declare it on their tax return at the end of the year. This is false and very dangerous for your clients.
In Switzerland, you do not proclaim yourself self-employed!
Self-employed status is not a free choice. It is a status that must be granted to you by your cantonal or professional OASI (AHV) Compensation Office (Old-Age and Survivors' Insurance).
To recognize you as self-employed, the OASI will require concrete proof that you are not a "fake employee". Here are the 3 cardinal criteria verified:
| OASI (AHV) Criteria | What you must prove |
|---|
| Plurality of clients | You must prove that you work for several clients (generally at least 3). If 100% of your turnover depends on a single company, the OASI will refuse the status. |
| Economic independence | You act in your own name and bear the economic risk (collection costs, investments). You set your own hours and workplace. |
| Own infrastructure | You have your own premises, your own equipment, your own domain name, and you handle your own advertising. |
The Risk of "Disguised Employment" for Your Clients
If you invoice a Swiss company without being formally recognized as self-employed by the OASI, that company takes a massive risk. In the event of an audit, the OASI will requalify your commercial relationship as an employment contract. Your client will then have to retroactively pay social contributions (both employer AND employee shares) on the amounts they paid you.
This is why, in Switzerland, most serious companies will demand to see your OASI affiliation certificate before paying your first invoice.