Kernrechtsfrage
Whether the settlement payment of CHF 31,500 was deductible in tax year 2006 as business expense for a self-employed person.
Extrahierter Entscheid
No. The settlement had to be accrued in 2005 because, by year-end 2005, there was a high probability of payment and a passivierungspflicht existed.
Extrahierte Begründung
Under the periodicity and prudence principles, foreseeable liabilities and probable losses must be accrued in the year they arise. Since the taxpayer knew of the settlement obligation at the 31 December 2005 balance sheet date, the expense could not be claimed in 2006 or later years after no accrual had been made.