Question juridique clé
What income base should be used to calculate the maternity allowance for a self-employed mother?
Solution extraite
The allowance had to be recalculated on the basis of pre-birth income only, using the 2015 business figures extrapolated to a year and not the tax office’s taxable income figure alone.
Motifs extraits
For self-employed mothers, the decisive basis is the pre-birth earned income under the EOG/EOV. After the Federal Supreme Court’s remittal, only income earned before the child’s birth could be considered; post-birth income could not enter the calculation. The court therefore reconstructed the annual income from the pre-birth turnover and the 2015 expenses.