Is the annual bonus mandatory and how is it taxed? (cross-border guide)

Answered with official sources — Salary, 13th-month and CLA

Is the annual bonus mandatory and how is it taxed?

Answer

The bonus is not mandatory unless provided by contract or consolidated practice (CO art. 322d) source: Fedlex CO RS 220. If the contract defines objective criteria (results, turnover) with determinable amount, the bonus is a «gratuity» and part of owed salary. If «at employer's discretion» without criteria, obligation consolidates after 3-5 years of continuous payment (Federal Court judgement 4A_230/2022). Taxation is identical to the 13th-month: withholding on the cantonal table covers the full annual income. For the new cross-border worker the bonus enters Italian IRPEF taxable income in section RC. AVS and LPP contributions apply. Ticino banks typically pay bonuses in March-April of the following year.

Official sources

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