US Expat Wealth

August 25, 2026

Lex Koller 2026: What Americans Buying Swiss Property Need to Know

Switzerland's April 2026 proposal would require Americans with a B permit (a renewable residence permit) to get government authorization before buying a primary home, and sell within two years if they leave. The rule is still in public consultation until July 15, 2026, with earliest implementation in 2027 or 2028. Nothing has changed yet, but planning ahead matters.

What Switzerland Is Actually Proposing

On April 15, 2026, the Swiss Federal Council opened public consultation on the biggest tightening of Lex Koller — the federal law restricting real estate purchases by people abroad — in decades. Right now, Americans holding a C permit (Switzerland's settlement permit, granted after several years of residence) can buy property just like a Swiss citizen. Americans with a B permit (the renewable residence permit most working expats hold) can currently buy one primary residence without needing special authorization. The proposal would change that second group's situation significantly: non-EU/EFTA nationals, including Americans, would need a permit from the authorities before buying even a primary home, no matter how long they've lived here.

  • Permit requirement: B permit holders (and other non-EU/EFTA nationals) would need authorization before buying a primary residence, not just C permit holders being exempt
  • Mandatory sale within two years if the owner leaves Switzerland or changes how the property is used
  • Holiday-home purchase quotas cut roughly 60%, from 1,500 units annually to 600
  • Commercial property purchases blocked when the purpose is purely investment, not business use

Why This Matters More If You Hold a B Permit

If you're a green-card holder or US citizen living in Switzerland on a B permit, this proposal touches you directly in a way it doesn't touch C permit holders. Today, buying your primary home is relatively straightforward once you clear financing. Under the proposed rules, you'd need to secure a permit before you could complete a purchase at all — and if your career or family situation later takes you back to the US, or to another country, you'd be required to sell within two years rather than holding the property indefinitely. For a fuller walkthrough of how current Lex Koller rules interact with mortgages and US tax reporting, see Buying a Home in Switzerland as a US Citizen: Mortgages, Lex Koller, and US Tax Implications.

This Is Still a Proposal, Not Law

Public consultation runs until July 15, 2026. If the Federal Council decides to move forward, the earliest realistic implementation is 2027 or 2028, after parliamentary review. Nothing changes for buyers today — but it's worth understanding the direction of travel before you commit to a purchase timeline.

The Financing Reality Already Makes This Harder

Even before any new permit requirement, Swiss banks are already cautious with American buyers. Non-resident and foreign-currency-income buyers typically face down payment requirements of 35–50%, compared to roughly 20% for Swiss residents with local income. Banks also apply an affordability test — mortgage costs plus maintenance plus amortization generally can't exceed about a third of gross income, calculated using an imputed interest rate around 5% rather than today's actual rate. If your income is paid in US dollars rather than Swiss francs, expect banks to apply a 20–40% haircut to account for currency risk before they calculate what you can borrow.

35–50%

Typical down payment Swiss banks require from non-resident or foreign-income buyers, versus roughly 20% for Swiss residents

What Doesn't Change: The US Tax Picture

None of this proposal touches how the IRS treats a Swiss home you already own or plan to buy. Owning Swiss property doesn't trigger any special US filing requirement on its own. If you rent it out, that income is taxable on your US return, though Swiss taxes paid on it are generally creditable using Form 1116 (the foreign tax credit form that helps prevent double taxation). If you sell, capital gains are taxable in the US as well, again with a potential credit for Swiss tax paid. Mortgage interest on a personal residence generally isn't deductible on your US return the way it might be for a primary US home. And if you're doing any broader estate or cross-border planning, keep in mind that Swiss property is included in the valuation of your US estate — a detail covered in more depth in Estate Planning for US Expats in Switzerland: Why It Matters and How to Get It Right.

If You Already Own a Home in Switzerland

If you bought your primary residence under today's rules, the proposal as written wouldn't retroactively force a sale — the mandatory two-year sale clause applies to owners who leave Switzerland or change the property's use after the new rules take effect, not to purchases made under the current framework. Still, if your plans include an eventual move back to the US, or if you're considering how property fits into a broader ownership or trust structure, it's worth understanding how ownership rules and recent legal developments interact — our piece on Swiss Real Estate and Trusts: What the 2026 Supreme Court Ruling Means for Americans walks through some of that terrain.

Why This Is Happening Now

The timing isn't random. Switzerland is dealing with a genuine housing shortage, rising real estate prices, and political pressure to limit foreign ownership — pressure that's intensified alongside a separate public initiative aiming to cap Switzerland's population at 10 million, which goes to a vote in June 2026. Lex Koller has existed in some form since the 1980s specifically to limit foreign acquisition of Swiss real estate; this proposal is best understood as a significant expansion of that existing logic, not a brand-new policy direction.

What to Do While This Is Still in Consultation

If you're actively weighing a home purchase in the next year or two, the practical questions worth working through now are financing readiness (down payment, currency exposure, affordability test) and how a purchase fits your broader plans if your Swiss residency status might change. This depends heavily on your specific permit status, income structure, and timeline — worth talking through with someone who understands both the Swiss property rules and the US tax side before you sign anything.

Frequently asked questions

What is Lex Koller?
Lex Koller is the Swiss federal law that restricts the purchase of Swiss real estate by people who are not Swiss or don't hold qualifying residence status. It's existed in various forms since the 1980s and primarily targets foreign ownership of residential and holiday property.
Does the proposed change affect Americans with a C permit?
No. C permit holders (Switzerland's settlement permit, typically granted after several years of residence) are treated like Swiss citizens for property purchases under both the current rules and this proposal. The tightening specifically targets B permit holders and other non-EU/EFTA nationals without a C permit.
When would these new rules actually take effect?
The public consultation runs until July 15, 2026. If the Federal Council and parliament move forward after reviewing consultation feedback, the earliest realistic implementation would be 2027 or 2028. As of now, nothing has changed and current Lex Koller rules still apply.
What happens if I already own a home and later leave Switzerland?
Under current rules, there's no mandatory sale requirement tied to leaving Switzerland. Under the proposal, if adopted, owners who leave Switzerland or change how the property is used would need to sell within two years. It's worth monitoring how this develops if a future move is part of your plans.
Does this change how the IRS taxes my Swiss home?
No. This is a Swiss property-acquisition law, not a tax law, and it doesn't alter US tax treatment. Rental income remains taxable on your US return with a potential foreign tax credit, sale gains remain taxable with similar credit treatment, and the property remains part of your US estate valuation.
Should I buy a home in Switzerland now, before the rules potentially change?
That depends heavily on your permit status, financing situation, and how long you expect to stay in Switzerland — it's not something to decide from a general article. Getting personal advice that looks at your specific residency status, income structure, and cross-border tax picture is the right next step before making a purchase decision.

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