Question juridique clé
Whether the withdrawn pension fund capital had to be taxed separately as a capital benefit from occupational pension provision.
Solution extraite
No. Because no genuine self-employment was established and the withdrawal was found to be abusive, the payout was not entitled to privileged separate taxation.
Motifs extraits
The court found no credible evidence of any business activity in 2009; the late-produced documents were unreliable. An abusive withdrawal of vested benefits should not be rewarded by special taxation, but taxed together with other income.