Question juridique clé
Whether interim rental of a formerly self-occupied home prevents tax deferral on the sale gain.
Solution extraite
No. Tax deferral may still apply if the taxpayer intended a genuine replacement-home transaction and special circumstances explain the interim rental.
Motifs extraits
The court interpreted StG § 51(1) purposively: the protected transaction is the move from one self-used home to another, regardless of whether sale precedes purchase or vice versa, and temporary rental does not automatically break self-occupation if the overall transaction remains genuine.