Questão jurídica principal
Whether the German public pension had to be excluded from Swiss taxation entirely under the treaty and not used for rate progression for direct federal tax.
Decisão extraída
The pension was exempt from the Swiss tax base, but it could still be taken into account to determine the applicable tax rate.
Fundamentação extraída
Art. 19 DBA-D granted exclusive taxing rights to Germany, so Switzerland could not tax the pension directly; however, Art. 24 Abs. 2 Nr. 1 second sentence DBA-D preserved progression. Even aside from the treaty, the domestic rate rule in Art. 7 Abs. 1 DBG would apply unless excluded by treaty.