Question juridique clé
Whether a 2000 extraordinary capital loss may be deducted or carried forward in determining AHV-contributory income for 2001 and 2002.
Solution extraite
The loss could not be taken into account for 2001 and could not be carried forward to 2001 or 2002; the old pre-2001 rules govern its admissibility.
Motifs extraits
For losses arising before 2001, the transitional rules preserve the former two-year averaging system, under which period-overlapping loss set-off in AHV contribution law was not permitted. The court rejected an analogy to special contributions on capital gains during the assessment gap, noting the legislator could choose to tax gains in the gap while leaving losses unconsidered.