Questione giuridica chiave
Whether the lottery prize was taxable in Switzerland under the Switzerland-France double taxation treaty
Decisione estratta
Yes. The treaty did not exclude ordinary taxation of lottery winnings, so Article 23(1) allocated taxing rights to the state of residence, Switzerland.
Motivazione estratta
The game qualified as a lottery or similar institution under Swiss law; Article 2(2) only excluded source taxation of lottery gains, not ordinary taxation. Because no specific treaty rule covered such winnings, the residual rule of Article 23(1) applied.