Questão jurídica principal
How should annuities from several occupational pension foundations be taxed under the transitional rules of §§ 29 and 30 aStG?
Decisão extraída
The annuity shares from PV A and PV AHo fall under the transitional 80% taxation, while the share from Stiftung C is taxable at 100%; the institutions must be treated separately.
Fundamentação extraída
The statute aims to preserve partial taxation only for pension relations already existing at the new law's entry into force and financed by non-deductible contributions. PV A and PV AHo satisfied that condition. Stiftung C was newly created later and was fully employer-financed, so it does not qualify for the transitional relief. The court rejected a unitary view of all pension arrangements.