Questão jurídica principal
Whether the CHF 30,000 withdrawal from tied self-provision was tax-privileged as a pension capital payment
Decisão extraída
No. A short-term withdrawal that is immediately neutralized and does not serve the pension purpose is not tax-privileged and is taxed as ordinary income.
Fundamentação extraída
The court followed recent case law and held that the tax privilege under federal and cantonal law is limited to legally permitted and purpose-conforming pension benefits. Here, the funds were not used for lasting homeownership financing; the later mortgage increase showed that the withdrawal did not serve the pension purpose.