Question juridique clé
Whether the omitted dividend declaration caused forfeiture of the withholding tax refund claim under Art. 23 VStG.
Solution extraite
Yes. The dividend was not properly declared before the ordinary assessment became final, so the refund claim was forfeited even though the omission was inadvertent.
Motifs extraits
Art. 23 VStG requires correct self-declaration of relevant income. No intent to evade is needed; an accidental omission by the representative is attributed to the taxpayer.