The Zurich Cantonal Tax Office has adapted the information sheet on the tax treatment of usufruct, residential rights, easements, encumbrances and reserved personal rights to current Federal Court rulings.
The adjustments made in the information sheet of the cantonal tax office dated 6 September 2017 (ZStB No. 21.4) took into account in particular the following decisions of the Swiss Federal Supreme Court on the tax treatment of easements and usufruct:
- BGer decision of 21 October 2014 (2C_1049/2013, 2C_1079/2013, 2C_1080/2013): For direct federal tax purposes, the compensation for the buildings transferred when a building lease is granted represents a capital gain from sale (tax-free in private assets).
- BGE 139 II 363 of 3 June 2013: Not only the granting but also the remunerated redemption of an easement can constitute a partial sale to be recorded by the real estate gains tax.
- BGer decision of 1 May 2014 (2C_704/2013): In the case of owner-occupied building rights, the last actual sale is to be used as the basis for calculating the profit and duration of ownership.
The amended information sheet replaces the previous information sheet dated 29 April 2013 with immediate effect.
The notification of the cantonal tax office is available here.
