Question juridique clé
Whether the full CHF 40,000 2nd-pillar buy-in is deductible despite the contemporaneous pillar 3a withdrawal.
Solution extraite
Only a tax-neutral transfer is permissible; the amount corresponding to the 3a withdrawal is not deductible as a buy-in.
Motifs extraits
A 3a-to-2nd-pillar transfer after age 59 is allowed only if it remains tax-neutral. The taxpayer's same-period in/out arrangement was unusual, economically inappropriate, and served primarily to obtain a tax advantage, so the non-deductible transfer portion was treated as tax avoidance.