Questão jurídica principal
Whether the shareholdings in Holding AG and CD were business assets or private assets in 2008
Decisão extraída
They had to be treated as private assets in 2008; the sale therefore produced tax-free private capital gain.
Fundamentação extraída
The decisive point was the acquisition in 1999 upon self-entry, not the earlier security transfer in 1995. The shares were not shown in the business balance sheet, were consistently declared as private assets, and the bookkeeping entries documented private-asset treatment. No later conversion into business assets was shown. In addition, the authority had accepted the private-asset classification for years, so it was bound by its prior practice under trust and consistency principles.