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Swiss customs officials have returned about CHF 33 million ($ 36 million) to low THC cannabis producers and sellers after the court said their products were taxed unconstitutionally in lieu of tobacco.

CBD sellers in Switzerland have taken legal action to protest the 25% sales tax levied on their goods in lieu of tobacco, according to June 5 report from the Neue Zürcher Zeitung newspaper.

Federal Supreme Court in Lausenne regulated in January that there is no legal basis for taxing tobacco on CBD products.

“After an in-depth analysis of the verdict, the Federal Customs Administration has now decided to return all producers who have problems with the tobacco tax at issue,” the customs agency write on its website in June.

Spokesman Donatella Del Vecchio told Neue Zürcher Zeitung that the amount returned was around CHF 33 million.

Flax sellers who pay taxes but are not contacted by the agency are encouraged to fill out forms on their website to reclaim tobacco taxes paid on cannabis.

The Federal Customs Administration notes that, while indirect financial financial burdens such as tobacco levies are usually passed on to consumers, agencies cannot check whether cannabis flower sellers replace their customers’ money. Therefore, the agency encourages customers to contact their respective sellers or producers.

Cannabis plants containing THC less than 1% are permitted under Swiss narcotics law.



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