Question juridique clé
Whether wrongly not withheld withholding tax from disability pension payments may be reclaimed under Art. 25 ATSG.
Solution extraite
Yes. The insurer may order repayment of the amount not withheld by mistake; the reason for the incorrect payment does not exclude recovery under Art. 25 ATSG.
Motifs extraits
Recovery under Art. 25 ATSG covers all benefits paid without legal basis. The withholding tax deduction is part of the execution of the social insurance payment relationship, and the insurer, as debtor of the taxable benefit and liable for withholding tax, may recover from the beneficiary the tax amount it had to pay.