Question juridique clé
Whether pension buy-ins made in 2009 were deductible despite a capital payout within the three-year blocking period.
Solution extraite
The buy-ins were not deductible for ordinary income tax purposes because the capital payout occurred within three years.
Motifs extraits
Under Art. 79b(3) BVG, as interpreted by the Federal Supreme Court, any capital payout within the three-year period excludes deduction of the buy-in without further case-by-case exception analysis.