Question juridique clé
Whether the surrender value from a life annuity insurance paid during the annuity payment phase is taxable under Art. 22(3) LIFD and taxed separately under Art. 38(2) LIFD.
Solution extraite
Yes. Because the surrender occurred after annuity payments had begun, the amount had to be taxed at 40% under Art. 22(3) LIFD and separately at the preferential rate under Art. 38(2) LIFD.
Motifs extraits
The contract was a life annuity insurance, not a capital insurance. The relaxation developed in ATF 135 II 183 applies only to redemptions during the deferred period, not after the annuity phase has started. The statutory forfait must be applied consistently despite possible overtaxation in individual cases.