Question juridique clé
Whether VAT arising from a bankruptcy forced sale of real estate must be treated as a liquidation cost paid from the proceeds before distribution.
Solution extraite
Yes. The VAT claim was properly qualified as a liquidation cost under Art. 262(2) SchKG and had to be paid in priority from the proceeds.
Motifs extraits
The tax arose from the realization of the estate during bankruptcy and was comparable to the previously recognized treatment of property gain tax as a realization expense. The distinction between consumption tax, federal tax, and cantonal tax did not matter for this allocation question.