Question juridique clé
Whether the severance payment, to the extent used for a pension buy-in, was tax-free under Art. 24 lit. c DBG and the parallel cantonal rule.
Solution extraite
Yes. The amount paid by the employer and used within one year for a pension buy-in remained tied to the pension purpose and was tax-free; the lower court wrongly denied this by focusing on the absence of a formal job change.
Motifs extraits
The employee was still pursuing work and remained affiliated to occupational pension coverage through unemployment insurance. The severance was expressly intended to compensate the pension gap, and the employer-paid part plus the immediate buy-in satisfied the statutory requirements.