Questão jurídica principal
Whether the surrender value of the annuity insurance is taxable under cantonal tax law and qualifies as a capital lump sum under § 46 StG.
Decisão extraída
The surrender of an annuity insurance remains an annuity case; the payout is a capital lump sum under § 46 StG, but only the income component is taxable and the capital repayment portion is exempt.
Fundamentação extraída
Annuity insurance is not transformed into capital insurance by surrender. Insurance benefits under § 29 StG are presumed to contain both a taxable yield share and a tax-free capital repayment share. The legislature chose a flat 60% yield share, so the actual loss on surrender is irrelevant. The surrender value replacing periodic annuity payments is taxed at the annuity rate.