Question juridique clé
Whether the working-student social deduction under StG § 43 Abs. 1 lit. g must be granted despite unemployment benefits and part-time work.
Solution extraite
The deduction was denied because the taxpayer was not mainly engaged in study; his employment exceeded the level of mere side work.
Motifs extraits
Unemployment benefits can be treated as substitute income, but the decisive point is whether study is the main activity. As a rule, more than 33% employment means study is no longer the main occupation. Here the taxpayer was at least 40% employed during the relevant year and therefore did not qualify as a working student.