Question juridique clé
Whether income from the German GmbH & Co. KG is subject to Swiss AVS contributions under the conflict rules of VO 1408/71 and Swiss law.
Solution extraite
The appellant remained subject to Swiss social security law; the income falls under contribution liability as self-employment income under Art. 9 AHVG and Art. 20(3) AHVV.
Motifs extraits
For cross-border cases, the applicable law is determined by VO 1408/71. Regardless of whether German law characterizes the income as self-employment, employment, or mere asset income, the conflict rules point to Swiss law. Under Swiss law, a GmbH & Co. KG is an earnings-oriented person association without legal personality, so partners owe contributions on their share.