Question juridique clé
Whether a pillar 3a contribution is deductible when the taxpayer is a pension recipient without actual gainful employment
Solution extraite
The deduction is not allowed; the statutory precondition is actual exercise of gainful activity.
Motifs extraits
Art. 33(1)(e) DBG and the corresponding harmonized rules reserve the deduction to employees and self-employed persons. The court reaffirmed that the decisive criterion is actual professional activity, not merely remaining AHV-liable, receiving retirement benefits, or making related social-security contributions through a pension scheme.