Question juridique clé
Whether the pension rate under § 58 Abs. 3 StG applies after replacement purchase
Solution extraite
Yes, the pension rate applies to the free proceeds-related portion of the gain because the statutory conditions were met and no abuse was shown.
Motifs extraits
The statute requires advanced age, a property representing more than one quarter of total assets, and use of the proceeds for retirement provision. The court held that the full sale proceeds, not merely the taxable gain after deferral, must be used to assess the 25% threshold. Reinvesting a substantial part in an age-appropriate replacement home satisfied the retirement-purpose requirement.