Questão jurídica principal
Which authority is competent to assess whether a company may form tax-privileged employment reserves?
Decisão extraída
The verification of the calculation basis belongs to the tax authorities, while SECO retains competence for the remaining deposit-related approval steps and for later release/use of the reserve assets.
Fundamentação extraída
The statutory scheme and circular establish a mixed procedure: SECO handles the reserve formation process in principle, but the tax authorities have their own decision-making powers regarding the calculation basis and tax deductibility. The appellate commission therefore erred in assuming SECO lacked competence altogether.