Question juridique clé
Whether the appellant was entitled to a refund of withholding tax under Art. 22(1) VStG despite living abroad.
Solution extraite
No. Refund requires Swiss residence at the time the taxable benefit fell due, and the appellant did not establish that his center of life had moved from the Philippines to Switzerland.
Motifs extraits
His own statements and sparse evidence did not show a change of residence; his position was also inconsistent with his tax return stating Manila residence throughout 2002.