Questione giuridica chiave
Whether a VAT claim recorded in a loss certificate is subject to the five-year limitation period under Art. 40 MWSTV or the 20-year period under Art. 149a Abs. 1 SchKG.
Decisione estratta
For a VAT claim evidenced by a loss certificate, the applicable limitation period is the 20-year period under Art. 149a Abs. 1 SchKG; the claim was therefore not time-barred.
Motivazione estratta
Art. 40 MWSTV governs assessment limitation, not collection. Once a loss certificate is issued, enforcement is governed by debt-enforcement law, and the special limitation of Art. 149a Abs. 1 SchKG applies to the certified claim.