Legislator Case Law & Legislation
641.4 STG CH-OW

Art. 24 Tax Act (StG)

Taxation of Natural Persons - Income Tax - Taxable Income - Pensions, Similar Recurring Income and Income from Pension Schemes
Open official source Full Act (324 Articles) Machine-readable Markdown (.md)

Art. 24 Tax Law

1. Taxable are all incomes derived from the old-age, survivors, and disability insurance, from occupational pension schemes, and from recognized forms of restricted self-provision, including capital settlements and repayments of deposits, premiums, and contributions.

2. Incomes from occupational pension schemes particularly include benefits from pension funds, savings and group insurances, as well as vested benefits policies.

3. Annuity insurances, as well as annuity and endowment contracts, are taxable to the extent of their yield portion. This is determined according to Art. 7 para. 2 StHG.

4. Pensions and capital settlements from occupational pension schemes that began or became due before January 1, 1987, or that begin or become due before January 1, 2002, and are based on a pension relationship that already existed on December 31, 1986, are taxable as follows

a. at 60 percent, if the services (such as deposits, contributions, premium payments) on which the claim of the taxpayers is based were exclusively provided by the taxpayers;

b. at 80 percent, if the services on which the claim of the taxpayers is based were only partially, but at least 20 percent, provided by the taxpayers;

c. at the full amount in all other cases.

5. The services provided by taxpayers within the meaning of paragraph 4 are equated with the services provided by family members; the same applies to services provided by third parties if the taxpayers obtained the claim through inheritance, legacy, or gift.

6. Art. 26 letter b of this law remains reserved.

← Art. 23 StG Tax Act (StG) - Subject Matter of the Act Art. 25 StG →

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →

Court Decisions Applying This Provision (6)

VVGE.1976.77.Nr.49 · ow (Art. 24 Abs. 4 StG)
Hotel Lease Proceeds Tax Neutrality at Inheritance
Cited as the provision that postpones capital gains taxation until the time of sale or inheritance upon lease or rental.
VVGE.1997.98.Nr.12 · ow (Art. 24 Abs. 1 Bst. a StG)
Taxation of Surplus Payments from Single-Premium Non-Surrenderable Life Insurance Policies
Cited as the legal basis for taxing 60% of pension-like recurring income and surplus shares from pension insurance.
VVGE.1999.00.Nr.13 · ow (Art. 24 Abs. 1 StG)
Tax Residence Commencement Upon Canton Relocation
This provision states that once established, residence continues until a new one is acquired, which is applied in determining the period of tax liability.
VVGE.1971.75.Nr.125 · ow (Art. 24 Abs. 3 StG)
Business Property Capital Gains Tax Case
Cited in relation to determining whether an asset belongs to business assets.
VVGE.1971.75.Nr.125 · ow (Art. 24 Abs. 4 StG)
Business Property Capital Gains Tax Case
Cited regarding the timing of capital gains taxation upon leasing.
VVGE.1981.82.Nr.58 · ow (Art. 24 Abs. 3 StG)
Mixed-Use Property Capital Gain Taxed as Business Income
Determines whether an asset belongs to business assets based on whether it was acquired primarily for business purposes.