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

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
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	🎯 '''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:'''
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	; 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]'''
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	; 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
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	{{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}}
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	🎯 '''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:'''
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	* [[#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]]
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	; 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]'''
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	<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]'''
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	<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]'''
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	; 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
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	'''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:'''

AI-Admin-Assistant: Merge with Fiscal-Reports under new title Legal Studies: plural scope (legal + fiscal), scope in intro (Foundation-donor relation: donations, Rewards cash-out, tax, regulatory), fix double TOC numbering (On this page bullet list + NOTOC), integrate Fiscal-Reports substance (bonding curve allocation, review cost, v3.6.4 PDFs)

2026-08-20T08:51:56Z

Merge with Fiscal-Reports under new title Legal Studies: plural scope (legal + fiscal), scope in intro (Foundation-donor relation: donations, Rewards cash-out, tax, regulatory), fix double TOC numbering (On this page bullet list + NOTOC), integrate Fiscal-Reports substance (bonding curve allocation, review cost, v3.6.4 PDFs)

← Older revision		Revision as of 10:51, 20 August 2026
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	{{KidsIntro\|WikiDeal is building a fair online marketplace. People give money as gifts to help build it. This page ~~checks~~ if the plan follows Switzerland's money ~~rules~~. 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\|~~This study (v3.6~~.8, ~~July 2026) qualifies~~ WikiDeal ~~contributions as~~ donations ~~under~~ Swiss Civil Code Art. 239, positioning Round 1 (CHF 1M) within FINMA Sandbox exemptions~~. We are heading towards a deprivatization model where contributor rewards~~ face income taxation while donation portions follow gift-tax treatment. ~~Emerging trend suggests non-profit marketplace incubation under foundation structures can navigate prospectus exemptions~~ and ~~VAT thresholds, though 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. 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.}}

	{{AI Disclaimer}}		{{AI Disclaimer}}
	'''~~Fiscal Study~~ for incubation: Executive Summary''' (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%89tude_Fiscale French version (Étude Fiscale)] (translation as of 2026-07-19; English version prevails).'''

	💡 '''In Simple Words:'''		💡 '''In Simple Words:'''
	WikiDeal wants to build a fair online marketplace, and kind people give money as a gift to help build it. This page is a big homework check: it looks at the rules of Switzerland about money and ~~taxes~~, to make sure the plan follows them. It explains why the money given is a gift (not a loan that must be paid back), and what happens if a helper later receives a thank-you reward. Real lawyers still need to read and confirm ~~this study~~ before anything is certain.		WikiDeal wants to build a fair online marketplace, and kind people give money as a gift to help build it. This page is a big homework check: it looks at the rules of Switzerland about money, taxes and gifts, to make sure the plan follows them. It explains why the money given is a gift (not a loan that must be paid back), and what happens if a helper later receives a thank-you reward. Real lawyers still need to read and confirm these studies before anything is certain.

	🎯 '''In 20 Seconds (Scientific Summary):'''		🎯 '''In 20 Seconds (Scientific Summary):'''
	Preliminary internal study (version 3.6.8, July 2026) of the Swiss ~~fiscal and regulatory~~ framework for the WikiDeal financial management system, operated under Ynternet.org Foundation (Geneva, tax-exempt). ~~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.		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.

	~~== Table of Contents (Manual) ==~~		'''On this page:'''
	# [[#Recommendation\|1. Recommendation]]		* [[#Recommendation\|1. Recommendation]]
	# [[#Deprivatization\|2. Platform Deprivatization Mechanism]]		* [[#Deprivatization\|2. Platform Deprivatization Mechanism]]
	# [[#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. The Donation Model: Why Not a Loan?]]
	# [[#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 by Institution]]
	# [[#Annual_Report_Indicators\|9. Annual Report Indicators]]		* [[#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]]		* [[#Recommendations\|11. Recommendations]]
	# [[#Related_Pages\|12. Related Pages]]		* [[#Related_Pages\|12. Related Pages]]
			__NOTOC__

	<span id="Recommendation"></span>		<span id="Recommendation"></span>
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	; Result		; Result
	: Loan, security, deposit, and investment qualifications are excluded. Rewards are discretionary tokens of gratitude funded by subscription revenue (global cap CHF 50M). 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 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]'''
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	<span id="Annual_Report_Indicators"></span>		<span id="Annual_Report_Indicators"></span>
	== 9. Annual Report Indicators ==		== 9. Annual Report Indicators and Fiscal Reporting ==
	; Intention		; Intention
	: Define key performance indicators (KPIs) for annual reporting to supervisory authorities (ESA/ASF, FINMA) and contributors.		: Define key performance indicators (KPIs) for annual reporting to supervisory authorities (ESA/ASF, FINMA) and contributors.
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	; Result		; Result
	: Auditable indicators track the sandbox ceiling (CHF 1M), contributor count (<500), reward cap (CHF 50M), and donation flows. Transparency metrics include donation volume, reward distribution, operational costs, and compliance status. These indicators demonstrate ongoing compliance with regulatory thresholds.		: Auditable indicators track the sandbox ceiling (CHF 1M), contributor count (<500), reward cap (CHF 50M), and donation flows. Transparency metrics include donation volume, reward distribution, operational costs, and compliance status. These indicators demonstrate ongoing compliance with regulatory thresholds.

			The previous published version of the full study remains available for reference: [https://aidev.wikideal.net/mockups/latest/wiki/wikideal_fiscal_study_v3.6.4.pdf WikiDeal Fiscal Study v3.6.4 (PDF, English)] · [https://aidev.wikideal.net/mockups/latest/wiki/wikideal_fiscal_study_v3.6.4_fr.pdf Étude fiscale WikiDeal v3.6.4 (PDF, French)].

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

	'''[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: AI-Admin-Assistant moved page Gov/en/Portal:Transparency/Fiscal-Study to Gov/en/Portal:Transparency/Legal-Studies: Merge Fiscal-Study + Fiscal-Reports into Legal-Studies (Theo decision 2026-08-20): fiscal is a subset of legal; one page, old titles redirect

2026-08-20T08:51:55Z

AI-Admin-Assistant moved page Gov/en/Portal:Transparency/Fiscal-Study to Gov/en/Portal:Transparency/Legal-Studies: Merge Fiscal-Study + Fiscal-Reports into Legal-Studies (Theo decision 2026-08-20): fiscal is a subset of legal; one page, old titles redirect

← Older revision		Revision as of 10:51, 20 August 2026
(No difference)

AI-Admin-Assistant: Add missing intros per Theo's 20s rule

2026-08-09T00:59:27Z

Add missing intros per Theo's 20s rule

← Older revision		Revision as of 02:59, 9 August 2026
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			{{KidsIntro\|WikiDeal is building a fair online marketplace. People give money as gifts to help build it. This page checks if the plan follows Switzerland's money rules. Lawyers still need to say yes.}}
			{{ExpertIntro\|This study (v3.6.8, July 2026) qualifies WikiDeal contributions as donations under Swiss Civil Code Art. 239, positioning Round 1 (CHF 1M) within FINMA Sandbox exemptions. We are heading towards a deprivatization model where contributor rewards face income taxation while donation portions follow gift-tax treatment. Emerging trend suggests non-profit marketplace incubation under foundation structures can navigate prospectus exemptions and VAT thresholds, though formal legal opinions remain necessary before Round 2 scaling.}}

	{{AI Disclaimer}}		{{AI Disclaimer}}
	'''Fiscal Study for incubation: Executive Summary''' (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]		'''Fiscal Study for incubation: Executive Summary''' (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: Tag as deliverable: add Category:Deliverables (Theo 2026-08-03)

2026-08-03T18:26:14Z

Tag as deliverable: add Category:Deliverables (Theo 2026-08-03)

← Older revision		Revision as of 20:26, 3 August 2026
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	----		----
	''Summary generated 2026-07-20 from study v3.6.8 (full text available in the monolingual English PDF, 39 p.). Not tax or legal advice.''		''Summary generated 2026-07-20 from study v3.6.8 (full text available in the monolingual English PDF, 39 p.). Not tax or legal advice.''
			[[Category:Deliverables]]

AI-Admin-Assistant: Update links to merged Rewards page

2026-07-25T13:18:38Z

Update links to merged Rewards page

← Older revision		Revision as of 15:18, 25 July 2026
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	<span id="Related_Pages"></span>		<span id="Related_Pages"></span>
	== 12. Related Pages ==		== 12. Related Pages ==
	* [[Gov/en/Portal:Economy/Rewards~~-Explained~~\|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]]
	* [https://aidev.wikideal.net/mockups/latest/funding-donation-agreement.html Donor contract (draft mockup)]		* [https://aidev.wikideal.net/mockups/latest/funding-donation-agreement.html Donor contract (draft mockup)]

AI-Admin-Assistant: Restore rev 2536 — FINAL (approved)

2026-07-20T01:07:20Z

Restore rev 2536 — FINAL (approved)

New page

{{AI Disclaimer}}
'''Fiscal Study for incubation: Executive Summary''' (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).'''

💡 '''In Simple Words:'''
WikiDeal wants to build a fair online marketplace, and kind people give money as a gift to help build it. This page is a big homework check: it looks at the rules of Switzerland about money and taxes, to make sure the plan follows them. It explains why the money given is a gift (not a loan that must be paid back), and what happens if a helper later receives a thank-you reward. Real lawyers still need to read and confirm this study before anything is certain.

🎯 '''In 20 Seconds (Scientific Summary):'''
Preliminary internal study (version 3.6.8, July 2026) of the Swiss fiscal and regulatory framework for the WikiDeal financial management system, operated under Ynternet.org Foundation (Geneva, tax-exempt). 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.

== Table of Contents (Manual) ==
# [[#Recommendation|1. Recommendation]]
# [[#Deprivatization|2. Platform Deprivatization Mechanism]]
# [[#Purpose_and_Scope|3. Purpose and Scope]]
# [[#Organizational_Structure|4. Organizational Structure]]
# [[#Donation_Model|5. The Donation Model: Why Not a Loan?]]
# [[#Tax_Treatment|6. Swiss Tax Treatment of Contributor Rewards]]
# [[#VAT_Positioning|7. VAT Positioning]]
# [[#Regulatory_Positioning|8. Regulatory Positioning by Institution]]
# [[#Annual_Report_Indicators|9. Annual Report Indicators]]
# [[#Combined_Scenario|10. Combined Scenario: Contribution + Gain + Re-Donation]]
# [[#Recommendations|11. Recommendations]]
# [[#Related_Pages|12. Related Pages]]


== 1. Recommendation ==
; Intention
: Confirm that WikiDeal can legally start fundraising by qualifying contributions as donations-with-reward (Civil Code Art. 239) and submitting the study to licensed attorneys for formal legal opinions (avis de droit).

; 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.

'''[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]'''


== 2. Platform Deprivatization Mechanism ==
; Intention
: Describe a generic mechanism for platform deprivatization and user reappropriation, structured as an applied R&D program divided into two phases: incubation (Ynternet.org Foundation) and operations (WikiDeal Association).

; 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.

'''[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]'''


== 3. Purpose and Scope ==
; Intention
: Define the Swiss fiscal and regulatory framework for the WikiDeal financial management system, operated under Ynternet.org Foundation (Geneva, tax-exempt).

; Result
: The study covers donations, rewards, VAT, and regulatory positioning for Round 1 (CHF 1,000,000). It addresses legal qualification of contributions, tax treatment of rewards, regulatory compliance (FINMA, ESA/ASF), and VAT optimization. The scope is limited to Swiss law and does not constitute tax or legal advice.

'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=4 See page 4 in the full study]'''


== 4. Organizational Structure ==
; Intention
: Clarify roles: Ynternet.org Foundation (tax-exempt, supervised by ESA/ASF Bern) mandates WikiDeal Association (operations) for the marketplace.

; Result
: The Foundation’s tax-exempt status is maintained by mandating operations at cost to a separate association. The association evolves into a decentralized network of providers (hosting, maintenance, security) selected via tenders, with initial remunerations in Rewards and Karma Tokens. This separation ensures no contamination between research and operational activities.

'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=8 See pages 8-12 in the full study]'''


== 5. The Donation Model: Why Not a Loan? ==
; Intention
: Establish the legal nature of contributions as donations (Civil Code Art. 239), with no repayment obligation and no guaranteed reward.

; Result
: Loan, security, deposit, and investment qualifications are excluded. Rewards are discretionary tokens of gratitude funded by subscription revenue (global cap CHF 50M). 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]'''


== 6. Swiss Tax Treatment of Contributor Rewards ==
; Intention
: Determine the tax classification of WikiDeal Rewards under Swiss federal and cantonal law (DBG Art. 23).

; Result
: Retained Rewards are taxable as "other income" (DBG Art. 23) but not subject to withholding tax (VStG Art. 4). The donation portion follows cantonal gift-tax rules. Contributors are informed that rewards may be taxable once realized through user subscriptions. VAT does not apply to the donation portion.

'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=14 See pages 14-15 in the full study]'''


== 7. VAT Positioning ==
; Intention
: Determine VAT obligations for WikiDeal Association, leveraging the non-profit turnover threshold and a brokerage-commission model.

; Result
: VAT applies only to commissions (MWSTG Art. 24), with the non-profit threshold of CHF 150,000/year (MWSTG Art. 10(2)) minimizing exposure. The brokerage model ensures WikiDeal never possesses transaction funds, reducing AMLA obligations.

'''[https://aidev.wikideal.net/mockups/latest/wiki/Fiscal-Study_v3.6.8_EN_2026-07-19.pdf#page=16 See pages 16-17 in the full study]'''


== 8. Regulatory Positioning by Institution ==
; Intention
: Map compliance with FINMA, ESA/ASF, and cantonal tax authorities for Round 1 (CHF 1,000,000).

; 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).

'''[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]'''


== 9. Annual Report Indicators ==
; Intention
: Define key performance indicators (KPIs) for annual reporting to supervisory authorities (ESA/ASF, FINMA) and contributors.

; Result
: Auditable indicators track the sandbox ceiling (CHF 1M), contributor count (<500), reward cap (CHF 50M), and donation flows. Transparency metrics include donation volume, reward distribution, operational costs, and compliance status. These indicators demonstrate ongoing compliance with regulatory thresholds.

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


== 10. Combined Scenario: Contribution + Gain + Re-Donation ==
; Intention
: Test the model end-to-end by walking one contributor through donating, receiving a reward, and re-donating it.

; Result
: Each step retains its legal qualification. The donation is qualified under Civil Code Art. 239, the reward is taxable income (DBG Art. 23), and the re-donation is a new donation. No requalification arises from combining these steps. The scenario confirms the model’s robustness for Round 1.

'''[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]'''


== 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 under the FINMA Sandbox and FinSA exemptions. Legal opinions are recommended 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]'''


== 12. Related Pages ==
* [[Gov/en/Portal:Economy/Rewards-Explained|Rewards Explained (FAQ)]]
* [[Gov/en/Portal:Economy/Cashout-Mechanism|Cashout Mechanism]]
* [https://aidev.wikideal.net/mockups/latest/funding-donation-agreement.html Donor contract (draft mockup)]
* Full PDF: [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] (English, 39 p.)

----
''Summary generated 2026-07-20 from study v3.6.8 (full text available in the monolingual English PDF, 39 p.). Not tax or legal advice.''