Questão jurídica principal
Whether the 2016 pillar 3a capital payment could be deferred for tax purposes under Art. 3(1) BVV 3 because the taxpayer continued self-employment after 1 January 2014.
Decisão extraída
The taxpayer did not prove continued self-employment; the 3a capital payment was taxable without deferral and could be combined with the 2014 capital payment.
Fundamentação extraída
The court held that tax authorities may independently assess whether self-employment exists, regardless of AHV registration. A mere AHV self-employed status and business setup evidence were insufficient. Zero turnover and lack of proof of client acquisition showed that the objective element of profit-seeking was not met.