Questão jurídica principal
Whether the husband’s pension fund buy-in of CHF 80,000 was deductible for 2013 direct and cantonal taxes.
Decisão extraída
No. Under the three-year blocking period, the buy-in was not deductible because capital withdrawals from occupational pension assets had occurred within the preceding three years.
Fundamentação extraída
Art. 79b(3) BVG and settled Federal Supreme Court case law treat any capital payment within the three-year period after a buy-in, or a buy-in after such withdrawals, as abusive without additional proof of tax avoidance. The court applied this objective rule and ignored the taxpayers’ subjective motives and later developments.