Gov/en/Portal:Transparency/Legal-Studies - Revision history

AI-Admin-Assistant: Fix stray parenthesis

2026-09-29T09:10:24Z

Fix stray parenthesis

← Older revision		Revision as of 11:10, 29 September 2026
Line 1:		Line 1:
	{{KidsIntro\|WikiDeal is building a fair online marketplace. Some people give money as a pure gift to help build it. Other people would put in money hoping to get something back later, through special tokens.<br>This page gathers the studies that check how this plan could follow Switzerland's laws about money, taxes and gifts.<br>Lawyers still need to say yes before anything starts.}}		{{KidsIntro\|WikiDeal is building a fair online marketplace. Some people give money as a pure gift to help build it. Other people would put in money hoping to get something back later, through special tokens.<br>This page gathers the studies that check how this plan could follow Switzerland's laws about money, taxes and gifts.<br>Lawyers still need to say yes before anything starts.}}
	{{ExpertIntro\|These legal and fiscal studies cover the relation between the Ynternet.org Foundation, which supervises the WikiDeal applied R&D program, a planned operating entity (Netizen3 (working name, temporary — legal form to be defined, likely a foundation or a cooperative, not a joint-stock company)), and the people who fund the project.<br>Following the September 2026 pivot, the framework under study distinguishes two flows: contributions with an expected return would be investments, received by Netizen3 (to be created), which would finance the realization of the objectives defined by the Foundation; contributions without any return would remain pure donations (Swiss Code of Obligations Art. 239 ss).<br>The former "Rewards" are intended to become WikiDeal Subscription Tokens, inactive at issuance and progressively activated by subscription revenue (CHF 1/month or CHF 10/year).<br>The regulatory positioning under study relies on the FINMA token classification (payment token as working hypothesis, asset token as examined alternative) and on the FinSA Art. 36(1)(b) and (e) prospectus exemptions (fewer than 500 investors or at most CHF 8 million over 12 months, alternative conditions). This inverts the previous "donation, not investment, outside FINMA jurisdiction" argument.<br>The whole framework is proposed as a basis for discussion and must be validated by licensed attorneys before any implementation. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys.}}		{{ExpertIntro\|These legal and fiscal studies cover the relation between the Ynternet.org Foundation, which supervises the WikiDeal applied R&D program, a planned operating entity (Netizen3 (working name, temporary — legal form to be defined, likely a foundation or a cooperative, not a joint-stock company), and the people who fund the project.<br>Following the September 2026 pivot, the framework under study distinguishes two flows: contributions with an expected return would be investments, received by Netizen3 (to be created), which would finance the realization of the objectives defined by the Foundation; contributions without any return would remain pure donations (Swiss Code of Obligations Art. 239 ss).<br>The former "Rewards" are intended to become WikiDeal Subscription Tokens, inactive at issuance and progressively activated by subscription revenue (CHF 1/month or CHF 10/year).<br>The regulatory positioning under study relies on the FINMA token classification (payment token as working hypothesis, asset token as examined alternative) and on the FinSA Art. 36(1)(b) and (e) prospectus exemptions (fewer than 500 investors or at most CHF 8 million over 12 months, alternative conditions). This inverts the previous "donation, not investment, outside FINMA jurisdiction" argument.<br>The whole framework is proposed as a basis for discussion and must be validated by licensed attorneys before any implementation. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys.}}

	'''Legal Studies for incubation: Executive Summary''' (framework pivoted 2026-09, pending attorney validation) · Published full study PDF, documenting the previous donation-based framework (fiscal study v3.6.8, 2026-07-19, English, 39 p.): [https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf Fiscal-Study_v3.6.8_EN_2026-07-19.pdf] · An updated study reflecting the pivot is being prepared and must be reviewed by licensed attorneys before publication.		'''Legal Studies for incubation: Executive Summary''' (framework pivoted 2026-09, pending attorney validation) · Published full study PDF, documenting the previous donation-based framework (fiscal study v3.6.8, 2026-07-19, English, 39 p.): [https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf Fiscal-Study_v3.6.8_EN_2026-07-19.pdf] · An updated study reflecting the pivot is being prepared and must be reviewed by licensed attorneys before publication.

AI-Admin-Assistant: Replace "WikiDeal SA" with working name Netizen3; remove joint-stock (SA) form (legal form TBD: foundation/cooperative)

2026-09-29T09:09:56Z

Replace "WikiDeal SA" with working name Netizen3; remove joint-stock (SA) form (legal form TBD: foundation/cooperative)

Show changes

AI-Admin-Assistant: Pivot payment token / WikiDeal SA: refonte etude legale (investissements via WikiDeal SA, Subscription Tokens, LSFin art. 36) - preparee 2026-09-10, a valider par juriste

2026-09-10T16:33:12Z

Pivot payment token / WikiDeal SA: refonte etude legale (investissements via WikiDeal SA, Subscription Tokens, LSFin art. 36) - preparee 2026-09-10, a valider par juriste

Show changes

AI-Admin-Assistant: Readability: line breaks inside KidsIntro and ExpertIntro summary boxes (no text change)

2026-09-03T16:18:15Z

Readability: line breaks inside KidsIntro and ExpertIntro summary boxes (no text change)

← Older revision		Revision as of 18:18, 3 September 2026
Line 1:		Line 1:
	{{KidsIntro\|WikiDeal is building a fair online marketplace. People give money as gifts to help build it. This page gathers the studies that check if the plan follows Switzerland's laws about money, taxes and gifts. Lawyers still need to say yes.}}		{{KidsIntro\|WikiDeal is building a fair online marketplace. People give money as gifts to help build it.<br>This page gathers the studies that check if the plan follows Switzerland's laws about money, taxes and gifts.<br>Lawyers still need to say yes.}}
	{{ExpertIntro\|These legal and fiscal studies cover the relation between the Ynternet.org Foundation, which supervises the WikiDeal applied R&D program, and its donors: legal qualification of donations (Swiss Civil Code Art. 239), cashing of Rewards, tax treatment and regulatory positioning. Following attorney feedback, the central concept is a Donation (not investment) Clarification: contributions are pure donations, so the model is argued not to fall under FINMA jurisdiction at all. The current study (v3.6.8, July 2026) treats the FINMA Sandbox only as a last-resort fallback; retained Rewards face income taxation while donation portions follow gift-tax treatment. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys. Formal legal opinions remain necessary before Round 2 scaling.}}		{{ExpertIntro\|These legal and fiscal studies cover the relation between the Ynternet.org Foundation, which supervises the WikiDeal applied R&D program, and its donors: legal qualification of donations (Swiss Civil Code Art. 239), cashing of Rewards, tax treatment and regulatory positioning.<br>Following attorney feedback, the central concept is a Donation (not investment) Clarification: contributions are pure donations, so the model is argued not to fall under FINMA jurisdiction at all.<br>The current study (v3.6.8, July 2026) treats the FINMA Sandbox only as a last-resort fallback; retained Rewards face income taxation while donation portions follow gift-tax treatment.<br>The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys.<br>Formal legal opinions remain necessary before Round 2 scaling.}}

	'''Legal Studies for incubation: Executive Summary''' (fiscal study v3.6.8, 2026-07-19) · Full study PDF (English, 39 p.): [https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf Fiscal-Study_v3.6.8_EN_2026-07-19.pdf]		'''Legal Studies for incubation: Executive Summary''' (fiscal study v3.6.8, 2026-07-19) · Full study PDF (English, 39 p.): [https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf Fiscal-Study_v3.6.8_EN_2026-07-19.pdf]

AI-Admin-Assistant: Remove duplicate Recommendations section (recommendation kept at top as section 1), renumber

2026-09-01T16:22:05Z

Remove duplicate Recommendations section (recommendation kept at top as section 1), renumber

← Older revision		Revision as of 18:22, 1 September 2026
Line 23:		Line 23:
	* [[#Annual_Report_Indicators\|9. Annual Report Indicators and Fiscal Reporting]]		* [[#Annual_Report_Indicators\|9. Annual Report Indicators and Fiscal Reporting]]
	* [[#Combined_Scenario\|10. Combined Scenario: Contribution + Gain + Re-Donation]]		* [[#Combined_Scenario\|10. Combined Scenario: Contribution + Gain + Re-Donation]]
	* [[#~~Recommendations~~\|11~~. Recommendations]]~~		* [[#Related_Pages\|11. Related Pages]]
	* [[#Related_Pages\|12. Related Pages]]
	__NOTOC__		__NOTOC__

Line 128:		Line 127:

	'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=23 See page 23 in the full study]'''		'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=23 See page 23 in the full study]'''

	~~<span id="Recommendations"></span>~~
	~~== 11. Recommendations ==~~
	~~; Intention~~
	~~: Define next steps: submit a series of questions based on this study to attorneys (avis de droit) covering tax, financial-market, and foundation law.~~

	~~; Result~~
	: Proceed with Stage 1A (CHF 200,000) immediately, as it carries minimal risk given the pure-donation qualification (with the FINMA Sandbox and FinSA exemptions as a last-resort fallback). Legal opinions are recommended (estimated cost: CHF 5,000 to 10,000) to refine democratic transition, support percentages, gain taxation, and utility tokens before Round 2. The legal review can be conducted in parallel as due diligence.

	~~'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=24 See page 24 in the full study]'''~~

	<span id="Related_Pages"></span>		<span id="Related_Pages"></span>
	== 12. Related Pages ==		== 11. Related Pages ==
	* [[Gov/en/Portal:Economy/Rewards\|Rewards Explained (FAQ)]]		* [[Gov/en/Portal:Economy/Rewards\|Rewards Explained (FAQ)]]
	* [[Gov/en/Portal:Economy/Cashout-Mechanism\|Cashout Mechanism]]		* [[Gov/en/Portal:Economy/Cashout-Mechanism\|Cashout Mechanism]]

AI-Admin-Assistant: Add worst-case FINMA Sandbox clause in section 5 (Donation Clarification)

2026-09-01T16:19:07Z

Add worst-case FINMA Sandbox clause in section 5 (Donation Clarification)

← Older revision		Revision as of 18:19, 1 September 2026
Line 73:		Line 73:

	; Result		; Result
	: Loan, security, deposit, and investment qualifications are excluded. Rewards are granted only when there are results, as a fixed sum. The model is an encouragement to limit this reward to the simple at-cost recovery of the allocated funds, without particular benefit; where benefits exist (to stay attractive and answer the [[Gov/en/Portal:Economy/Need-Driven-Funding\|funding needs]]), they are limited to the strict necessary. Rewards are discretionary tokens of gratitude funded by subscription revenue (a paid subscription being mandatory to sign a contract or transact on the platform, optional for browsing), within a global cap of CHF 50M. Rewards are allocated via a [[Gov/en/Portal:R&D/Innovations:Bonding Curve\|bonding curve]] whose multiplier starts at ×100 at the start of Round 1, averages ×50, and declines to ×30 at the Round 1 target of CHF 1,000,000. The donation model is structured to avoid requalification as a collective investment scheme (CISA Art. 7) or deposit-taking (Banking Act).		: Loan, security, deposit, and investment qualifications are excluded. Rewards are granted only when there are results, as a fixed sum. The model is an encouragement to limit this reward to the simple at-cost recovery of the allocated funds, without particular benefit; where benefits exist (to stay attractive and answer the [[Gov/en/Portal:Economy/Need-Driven-Funding\|funding needs]]), they are limited to the strict necessary. Rewards are discretionary tokens of gratitude funded by subscription revenue (a paid subscription being mandatory to sign a contract or transact on the platform, optional for browsing), within a global cap of CHF 50M. Rewards are allocated via a [[Gov/en/Portal:R&D/Innovations:Bonding Curve\|bonding curve]] whose multiplier starts at ×100 at the start of Round 1, averages ×50, and declines to ×30 at the Round 1 target of CHF 1,000,000. The donation model is structured to avoid requalification as a collective investment scheme (CISA Art. 7) or deposit-taking (Banking Act). In the worst case, if the model were ever, in an extreme scenario, to be requalified over time as a crowdfunding model with return on investment, the FINMA Sandbox (Banking Act Art. 6(2)) would nonetheless protect such donations up to CHF 1 million in a first phase; a more in-depth study would be carried out in a second phase. In any case, the project can move forward.

	'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=7 See pages 7-9 in the full study]'''		'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=7 See pages 7-9 in the full study]'''

AI-Admin-Assistant: Remove AI Disclaimer box as requested

2026-09-01T16:10:32Z

Remove AI Disclaimer box as requested

← Older revision		Revision as of 18:10, 1 September 2026
Line 2:		Line 2:
	{{ExpertIntro\|These legal and fiscal studies cover the relation between the Ynternet.org Foundation, which supervises the WikiDeal applied R&D program, and its donors: legal qualification of donations (Swiss Civil Code Art. 239), cashing of Rewards, tax treatment and regulatory positioning. Following attorney feedback, the central concept is a Donation (not investment) Clarification: contributions are pure donations, so the model is argued not to fall under FINMA jurisdiction at all. The current study (v3.6.8, July 2026) treats the FINMA Sandbox only as a last-resort fallback; retained Rewards face income taxation while donation portions follow gift-tax treatment. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys. Formal legal opinions remain necessary before Round 2 scaling.}}		{{ExpertIntro\|These legal and fiscal studies cover the relation between the Ynternet.org Foundation, which supervises the WikiDeal applied R&D program, and its donors: legal qualification of donations (Swiss Civil Code Art. 239), cashing of Rewards, tax treatment and regulatory positioning. Following attorney feedback, the central concept is a Donation (not investment) Clarification: contributions are pure donations, so the model is argued not to fall under FINMA jurisdiction at all. The current study (v3.6.8, July 2026) treats the FINMA Sandbox only as a last-resort fallback; retained Rewards face income taxation while donation portions follow gift-tax treatment. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys. Formal legal opinions remain necessary before Round 2 scaling.}}

	~~{{AI Disclaimer}}~~
	'''Legal Studies for incubation: Executive Summary''' (fiscal study v3.6.8, 2026-07-19) · Full study PDF (English, 39 p.): [https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf Fiscal-Study_v3.6.8_EN_2026-07-19.pdf]		'''Legal Studies for incubation: Executive Summary''' (fiscal study v3.6.8, 2026-07-19) · Full study PDF (English, 39 p.): [https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf Fiscal-Study_v3.6.8_EN_2026-07-19.pdf]

AI-Admin-Assistant: Adjust Recommendation nuance (CC Art. 239, Sandbox as worst case) + deprivatization precedents (cooperative insurance La Mobilière, digital commons free-license standards)

2026-08-20T09:28:57Z

Adjust Recommendation nuance (CC Art. 239, Sandbox as worst case) + deprivatization precedents (cooperative insurance La Mobilière, digital commons free-license standards)

← Older revision		Revision as of 11:28, 20 August 2026
Line 11:		Line 11:

	🎯 '''In 20 Seconds (Scientific Summary):'''		🎯 '''In 20 Seconds (Scientific Summary):'''
	Preliminary internal legal and fiscal study (version 3.6.8, July 2026) of the Swiss framework for the WikiDeal financial management system, operated under Ynternet.org Foundation (Geneva, tax-exempt). It covers the relation between the Foundation and its donors: contributions are qualified as donations to an applied R&D program of public interest (Civil Code Art. 239), with alternative qualifications (loan, security, collective investment, deposit-taking) argued to be excluded. Since contributions are pure donations and not investments, the model is argued not to fall under FINMA jurisdiction at all; the FINMA Sandbox (Banking Act Art. 6(2)) and FinSA Art. 36 prospectus exemptions are kept only as a last-resort fallback for Round 1 (CHF 1,000,000). Retained Rewards are treated as taxable income of the contributor (DBG Art. 23), while the donation portion follows gift-tax rules. VAT positioning relies on the non-profit turnover threshold and a brokerage commission model. The study concludes the first CHF 200,000 tranche (Stage 1A) carries risk close to zero and recommends formal legal opinions (avis de droit) in parallel. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys.		Preliminary internal legal and fiscal study (version 3.6.8, July 2026) of the Swiss framework for the WikiDeal financial management system, operated under Ynternet.org Foundation (Geneva, tax-exempt). It covers the relation between the Foundation and its donors: contributions are qualified as donations to an applied R&D program of public interest (Civil Code Art. 239), with alternative qualifications (loan, security, collective investment, deposit-taking) argued to be excluded. Since contributions are pure donations and not investments, the model is argued not to fall under FINMA jurisdiction at all; the FINMA Sandbox (Banking Act Art. 6(2)) and FinSA Art. 36 prospectus exemptions are kept only as a last-resort fallback for Round 1 (CHF 1,000,000). Retained Rewards are treated as taxable income of the contributor (DBG Art. 23), while the donation portion follows gift-tax rules. VAT positioning relies on the non-profit turnover threshold and a brokerage commission model. The study concludes the first CHF 200,000 tranche (Stage 1A) carries risk close to zero within the framework of Civil Code Art. 239, which governs donation (with the FINMA Sandbox applying at worst, pending a more detailed study, if an authority ever questioned the donation qualification because of the non-guaranteed Rewards), and recommends formal legal opinions (avis de droit) in parallel. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys.

	'''On this page:'''		'''On this page:'''
Line 34:		Line 34:

	; Result		; Result
	: Fundraising can start immediately. The first CHF 200,000 tranche (Stage 1A) carries risk close to zero because ~~contributions~~ are ~~pure donations~~, ~~outside FINMA jurisdiction;~~ the FINMA Sandbox (Banking Act Art. 6(2)) ~~and FinSA Art. 36 prospectus exemptions remain available only as~~ a ~~last-resort fallback~~. Legal opinions are recommended to refine democratic transition, support percentages, gain taxation, and utility tokens before Round 2.		: Fundraising can start immediately. The first CHF 200,000 tranche (Stage 1A) carries risk close to zero within the framework of Article 239 of the Swiss Civil Code, which governs donation. If a doubt were ever raised by an authority about the donation qualification because of the Rewards (even though they are not guaranteed), it is clear that, at worst, the FINMA Sandbox provision (Banking Act Art. 6(2)) applies pending a more detailed study. Legal opinions are recommended to refine democratic transition, support percentages, gain taxation, and utility tokens before Round 2.

	'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=2 See pages 2-3 in the full study]'''		'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=2 See pages 2-3 in the full study]'''
Line 44:		Line 44:

	; Result		; Result
	: The mechanism is replicable for any marketplace (transportation, housing, volunteering, local planning). Both entities operate at cost, with full financial transparency, ensuring no contamination between research and operational activities. The ~~model follows~~ precedents ~~like~~ W3C, Wikimedia Foundation, ~~and~~ IETF~~, all operating~~ at cost without speculation.		: The mechanism is replicable for any marketplace (transportation, housing, volunteering, local planning). Both entities operate at cost, with full financial transparency, ensuring no contamination between research and operational activities. The mechanism draws on precedents such as cooperative insurance companies (La Mobilière) and digital commons that have set standards based on free licenses (W3C, Wikimedia Foundation, IETF). All operate at cost without speculation.

	'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=5 See pages 5-7 in the full study]'''		'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=5 See pages 5-7 in the full study]'''

AI-Admin-Assistant: Attorney feedback: central concept becomes Donation (not investment) Clarification; FINMA Sandbox kept as last-resort fallback only

2026-08-20T09:26:38Z

Attorney feedback: central concept becomes Donation (not investment) Clarification; FINMA Sandbox kept as last-resort fallback only

← Older revision		Revision as of 11:26, 20 August 2026
Line 1:		Line 1:
	{{KidsIntro\|WikiDeal is building a fair online marketplace. People give money as gifts to help build it. This page gathers the studies that check if the plan follows Switzerland's laws about money, taxes and gifts. Lawyers still need to say yes.}}		{{KidsIntro\|WikiDeal is building a fair online marketplace. People give money as gifts to help build it. This page gathers the studies that check if the plan follows Switzerland's laws about money, taxes and gifts. Lawyers still need to say yes.}}
	{{ExpertIntro\|These legal and fiscal studies cover the relation between the Ynternet.org Foundation, which supervises the WikiDeal applied R&D program, and its donors: legal qualification of donations (Swiss Civil Code Art. 239), cashing of Rewards, tax treatment and regulatory positioning. The current study (v3.6.8, July 2026) ~~positions Round 1 (CHF 1M) within~~ FINMA Sandbox ~~exemptions~~; retained Rewards face income taxation while donation portions follow gift-tax treatment. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys. Formal legal opinions remain necessary before Round 2 scaling.}}		{{ExpertIntro\|These legal and fiscal studies cover the relation between the Ynternet.org Foundation, which supervises the WikiDeal applied R&D program, and its donors: legal qualification of donations (Swiss Civil Code Art. 239), cashing of Rewards, tax treatment and regulatory positioning. Following attorney feedback, the central concept is a Donation (not investment) Clarification: contributions are pure donations, so the model is argued not to fall under FINMA jurisdiction at all. The current study (v3.6.8, July 2026) treats the FINMA Sandbox only as a last-resort fallback; retained Rewards face income taxation while donation portions follow gift-tax treatment. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys. Formal legal opinions remain necessary before Round 2 scaling.}}

	{{AI Disclaimer}}		{{AI Disclaimer}}
Line 11:		Line 11:

	🎯 '''In 20 Seconds (Scientific Summary):'''		🎯 '''In 20 Seconds (Scientific Summary):'''
	Preliminary internal legal and fiscal study (version 3.6.8, July 2026) of the Swiss framework for the WikiDeal financial management system, operated under Ynternet.org Foundation (Geneva, tax-exempt). It covers the relation between the Foundation and its donors: contributions are qualified as donations to an applied R&D program of public interest (Civil Code Art. 239), with alternative qualifications (loan, security, collective investment, deposit-taking) argued to be excluded. ~~Round 1 (CHF 1~~,~~000,000)~~ is ~~positioned within~~ the FINMA Sandbox (Banking Act Art. 6(2)) and FinSA Art. 36 prospectus exemptions. Retained Rewards are treated as taxable income of the contributor (DBG Art. 23), while the donation portion follows gift-tax rules. VAT positioning relies on the non-profit turnover threshold and a brokerage commission model. The study concludes the first CHF 200,000 tranche (Stage 1A) carries risk close to zero and recommends formal legal opinions (avis de droit) in parallel. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys.		Preliminary internal legal and fiscal study (version 3.6.8, July 2026) of the Swiss framework for the WikiDeal financial management system, operated under Ynternet.org Foundation (Geneva, tax-exempt). It covers the relation between the Foundation and its donors: contributions are qualified as donations to an applied R&D program of public interest (Civil Code Art. 239), with alternative qualifications (loan, security, collective investment, deposit-taking) argued to be excluded. Since contributions are pure donations and not investments, the model is argued not to fall under FINMA jurisdiction at all; the FINMA Sandbox (Banking Act Art. 6(2)) and FinSA Art. 36 prospectus exemptions are kept only as a last-resort fallback for Round 1 (CHF 1,000,000). Retained Rewards are treated as taxable income of the contributor (DBG Art. 23), while the donation portion follows gift-tax rules. VAT positioning relies on the non-profit turnover threshold and a brokerage commission model. The study concludes the first CHF 200,000 tranche (Stage 1A) carries risk close to zero and recommends formal legal opinions (avis de droit) in parallel. The studies are currently consolidated in a single document and could later be split into distinct studies reviewed by distinct attorneys.

	'''On this page:'''		'''On this page:'''
Line 18:		Line 18:
	* [[#Purpose_and_Scope\|3. Purpose and Scope]]		* [[#Purpose_and_Scope\|3. Purpose and Scope]]
	* [[#Organizational_Structure\|4. Organizational Structure]]		* [[#Organizational_Structure\|4. Organizational Structure]]
	* [[#Donation_Model\|5. ~~The~~ Donation ~~Model: Why~~ Not ~~a Loan?~~]]		* [[#Donation_Model\|5. Donation (Not Investment) Clarification]]
	* [[#Tax_Treatment\|6. Swiss Tax Treatment of Contributor Rewards]]		* [[#Tax_Treatment\|6. Swiss Tax Treatment of Contributor Rewards]]
	* [[#VAT_Positioning\|7. VAT Positioning]]		* [[#VAT_Positioning\|7. VAT Positioning]]
	* [[#Regulatory_Positioning\|8. Regulatory Positioning ~~by Institution~~]]		* [[#Regulatory_Positioning\|8. Regulatory Positioning: Outside FINMA Jurisdiction]]
	* [[#Annual_Report_Indicators\|9. Annual Report Indicators and Fiscal Reporting]]		* [[#Annual_Report_Indicators\|9. Annual Report Indicators and Fiscal Reporting]]
	* [[#Combined_Scenario\|10. Combined Scenario: Contribution + Gain + Re-Donation]]		* [[#Combined_Scenario\|10. Combined Scenario: Contribution + Gain + Re-Donation]]
Line 34:		Line 34:

	; Result		; Result
	: Fundraising can start immediately. The first CHF 200,000 tranche (Stage 1A) carries risk close to zero ~~under~~ the FINMA Sandbox (Banking Act Art. 6(2)) and FinSA Art. 36 prospectus exemptions. Legal opinions are recommended to refine democratic transition, support percentages, gain taxation, and utility tokens before Round 2.		: Fundraising can start immediately. The first CHF 200,000 tranche (Stage 1A) carries risk close to zero because contributions are pure donations, outside FINMA jurisdiction; the FINMA Sandbox (Banking Act Art. 6(2)) and FinSA Art. 36 prospectus exemptions remain available only as a last-resort fallback. Legal opinions are recommended to refine democratic transition, support percentages, gain taxation, and utility tokens before Round 2.

	'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=2 See pages 2-3 in the full study]'''		'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=2 See pages 2-3 in the full study]'''
Line 69:		Line 69:

	<span id="Donation_Model"></span>		<span id="Donation_Model"></span>
	== 5. ~~The~~ Donation ~~Model: Why~~ Not ~~a Loan?~~ ==		== 5. Donation (Not Investment) Clarification ==
	; Intention		; Intention
	: Establish the legal nature of contributions as donations (Civil Code Art. 239)~~, with~~ no ~~repayment obligation~~ and no ~~guaranteed reward~~.		: Establish the legal nature of contributions as pure donations (Civil Code Art. 239): the donation contract is extremely clear that there is no guaranteed reward and no way for donors to demand restitution of their funds (not a loan, not an investment).

	; Result		; Result
	: Loan, security, deposit, and investment qualifications are excluded. Rewards are discretionary tokens of gratitude funded by subscription revenue (a paid subscription being mandatory to sign a contract or transact on the platform, optional for browsing), within a global cap of CHF 50M. Rewards are allocated via a [[Gov/en/Portal:R&D/Innovations:Bonding Curve\|bonding curve]] whose multiplier starts at ×100 at the start of Round 1, averages ×50, and declines to ×30 at the Round 1 target of CHF 1,000,000. The donation model is structured to avoid requalification as a collective investment scheme (CISA Art. 7) or deposit-taking (Banking Act).		: Loan, security, deposit, and investment qualifications are excluded. Rewards are granted only when there are results, as a fixed sum. The model is an encouragement to limit this reward to the simple at-cost recovery of the allocated funds, without particular benefit; where benefits exist (to stay attractive and answer the [[Gov/en/Portal:Economy/Need-Driven-Funding\|funding needs]]), they are limited to the strict necessary. Rewards are discretionary tokens of gratitude funded by subscription revenue (a paid subscription being mandatory to sign a contract or transact on the platform, optional for browsing), within a global cap of CHF 50M. Rewards are allocated via a [[Gov/en/Portal:R&D/Innovations:Bonding Curve\|bonding curve]] whose multiplier starts at ×100 at the start of Round 1, averages ×50, and declines to ×30 at the Round 1 target of CHF 1,000,000. The donation model is structured to avoid requalification as a collective investment scheme (CISA Art. 7) or deposit-taking (Banking Act).

	'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=7 See pages 7-9 in the full study]'''		'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=7 See pages 7-9 in the full study]'''
Line 99:		Line 99:

	<span id="Regulatory_Positioning"></span>		<span id="Regulatory_Positioning"></span>
	== 8. Regulatory Positioning ~~by Institution~~ ==		== 8. Regulatory Positioning: Outside FINMA Jurisdiction ==
	; Intention		; Intention
	: Map ~~compliance~~ with FINMA, ESA/ASF, and cantonal tax authorities for Round 1 (CHF 1,000,000).		: Map the regulatory positioning with FINMA, ESA/ASF, and cantonal tax authorities for Round 1 (CHF 1,000,000).

	; Result		; Result
	: No banking license, no prospectus, and no pre-approval are required for Round 1. ~~The~~ FINMA Sandbox (Banking Act Art. 6(2)~~) permits accepting~~ public deposits up to CHF 1M without authorization. FinSA exemptions (Art. 36(1)(b) and (e)~~) apply (~~<500 investors, <CHF 8M/12 months).		: Because contributions are pure donations and not investments, the model is argued not to fall under FINMA jurisdiction at all: no banking license, no prospectus, and no pre-approval are required for Round 1. Only as a last-resort fallback, in the worst case where a third-party authority would requalify the model as an investment because of the Rewards, would it then fall under the protection of the FINMA Sandbox (Banking Act Art. 6(2), public deposits up to CHF 1M without authorization) and the FinSA exemptions (Art. 36(1)(b) and (e): <500 investors, <CHF 8M/12 months).

	'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=18 See pages 18-22 in the full study]'''		'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=18 See pages 18-22 in the full study]'''
Line 136:		Line 136:

	; Result		; Result
	: Proceed with Stage 1A (CHF 200,000) immediately, as it carries minimal risk ~~under~~ the FINMA Sandbox and FinSA exemptions. Legal opinions are recommended (estimated cost: CHF 5,000 to 10,000) to refine democratic transition, support percentages, gain taxation, and utility tokens before Round 2. The legal review can be conducted in parallel as due diligence.		: Proceed with Stage 1A (CHF 200,000) immediately, as it carries minimal risk given the pure-donation qualification (with the FINMA Sandbox and FinSA exemptions as a last-resort fallback). Legal opinions are recommended (estimated cost: CHF 5,000 to 10,000) to refine democratic transition, support percentages, gain taxation, and utility tokens before Round 2. The legal review can be conducted in parallel as due diligence.

	'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=24 See page 24 in the full study]'''		'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=24 See page 24 in the full study]'''

AI-Admin-Assistant: Update French version link to Études Légales

2026-08-20T09:22:28Z

Update French version link to Études Légales

← Older revision		Revision as of 11:22, 20 August 2026
Line 5:		Line 5:
	'''Legal Studies for incubation: Executive Summary''' (fiscal study v3.6.8, 2026-07-19) · Full study PDF (English, 39 p.): [https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf Fiscal-Study_v3.6.8_EN_2026-07-19.pdf]		'''Legal Studies for incubation: Executive Summary''' (fiscal study v3.6.8, 2026-07-19) · Full study PDF (English, 39 p.): [https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf Fiscal-Study_v3.6.8_EN_2026-07-19.pdf]

	''For reference: [https://wikideal.net/wiki/Gov/fr/Portal:Transparence/%C3%~~89tude_Fiscale~~ French version (~~Étude Fiscale~~)] (translation as of 2026-07-19; English version prevails).'''		''For reference: [https://wikideal.net/wiki/Gov/fr/Portal:Transparence/%C3%89tudes_L%C3%A9gales French version (Études Légales)] (translation as of 2026-07-19; English version prevails).'''

	💡 '''In Simple Words:'''		💡 '''In Simple Words:'''