Kernrechtsfrage
Whether the disability capital payment from the employer-linked UVG supplementary insurance was tax-free under § 35 Abs. 2 StG
Extrahierter Entscheid
No. The payment could be taxed as replacement income and the limited exemption for pure risk insurance had to be interpreted restrictively in this employment-linked context.
Extrahierte Begründung
The court found the statutory scheme not clearly favoring exemption. Systematically, § 22 StG defines taxable income, while §§ 34–35 StG mainly regulate the annual tax calculation and allowance. A full exemption would also raise concerns under equality and ability-to-pay principles, so the cantonal court’s taxation was not arbitrary.