Questione giuridica chiave
Whether the reserved right of residence/use was unentgeltlich within Art. 21(1)(b) DBG and subject to imputed rental value.
Decisione estratta
Yes. A reserved right of residence/use in a transfer is treated as unentgeltlich for tax purposes, even if value was once offset against the purchase price, so the rental value is taxable.
Motivazione estratta
The property passed already burdened with the right of residence/use (deductio servitutis); there was no separate later acquisition of a free property followed by a new paid grant of the right.