Questão jurídica principal
Whether the supplementary-insurance profit was exempt from cantonal and communal tax under Art. 17 LAMal because it would be used to cover losses in basic insurance.
Decisão extraída
No. The exemption under Art. 17 LAMal is limited to the social-insurance segment; supplementary-insurance profits remain taxable even if the basic-insurance segment shows a loss in the same year.
Fundamentação extraída
The insurer must keep separate accounts for the exempt and non-exempt sectors, and the financing of mandatory insurance must be autonomous. Resources from supplementary insurance may not be used to extend the exemption to that sector.