Questione giuridica chiave
Whether the CHF 190,000 declared as an interest-free loan to the property owner had to be removed from taxable assets.
Decisione estratta
No. The taxpayers were bound by their long-standing declaration of the amount as a loan; the renovation increased the owner's assets and was taxable as a gift or loan characterization, so the assessment stood.
Motivazione estratta
The court found that the renovation of the rented attic became part of the land, thus increasing the owner's wealth. The taxpayers had declared the amount for years as a loan and could not later recast it because of adverse social-security consequences.