Kernrechtsfrage
Whether the loss from the 1997/98 business years could still be taken into account for direct federal tax 1999/2000 after cessation of self-employment.
Extrahierter Entscheid
No. Because the business activity ended at the beginning of the 1999/2000 tax period, the change to current-year taxation had to be reflected in the ordinary assessment for that period, and the loss could no longer be offset as claimed.
Extrahierte Begründung
Under Art. 43(2), 45(b) and 46 DBG, cessation of self-employment triggers a shift to current-year taxation at the time of the change. For a taxpayer using the cash method, this occurs only after fee collection has ended. The taxpayer’s receivables were written off as uncollectible, later invoices were negligible, and no further substantial engineering work was possible.