Kernrechtsfrage
Whether pension fund contributions paid after cessation of AHV-liable employment remain tax-deductible.
Extrahierter Entscheid
No. The deduction is generally tied to an AHV-liable gainful activity; an interruption of up to about two years may still justify continued insurance, but a five-year continuation after complete work cessation does not.
Extrahierte Begründung
The court read the tax rules in light of BVG principles: occupational pension is based on gainful employment and the insured salary may not exceed AHV-liable income. Art. 47 BVG is an exception and must be interpreted narrowly. Here the taxpayer had no AHV-liable income and intended to continue payments until ordinary retirement, which exceeded the tolerable temporary interruption period.