Key legal question
Whether the private-use value of the company car had to be included in the insured wage for accident insurance premium purposes.
Extracted holding
Yes. The regular private availability of the vehicle to the shareholder-manager justified treating the benefit as massgebender Lohn subject to premiums, even if tax law qualified it differently.
Extracted reasoning
The court held that the decisive point was the employment relationship and the economic availability of the car, not the intensity of actual private use. The tax characterization as hidden profit distribution did not preclude an accident-insurance wage qualification; the administrative guidelines did not compel a different result.