Facts
In 2002, Ms. A. acquired two properties in the municipality of X./SZ and took them into her private assets. Since 1896, a building prohibition registered in the land register had been encumbering three neighboring properties in favor of Ms. A.'s parcels. In 2006, A. consented to the deletion of these easements, for which she was compensated by the opposing party with a yet to be constructed condominium unit and three parking spaces.
The cantonal administration for direct federal tax determined the value of the compensation to be CHF 2,335,000 and included this in the 2006 tax assessment decision as income. A. filed an objection, which the objection authority partially upheld. It now assumed a value of still CHF 2,135,000, from which it deducted the presumed acquisition costs of the building prohibition of CHF 10,000 in 1896. It continued to subject the remaining amount to direct federal tax.
The Administrative Court of the Canton of Schwyz dismissed the appeal filed against this. With an appeal in public law matters, A. requested that the contested decision be overturned and that the 2006 tax assessment decision be corrected so that the amount of CHF 2,335,000 is no longer included as taxable income.
Considerations
The Federal Supreme Court upholds the appeal in the sense of the considerations, sets aside the contested judgment and remands the case for further investigation to the cantonal administration for direct federal tax.
The principle of net wealth accretion pursuant to Art. 16 para. 1 DBG and Art. 7 para. 1 StHG concretizes the constitutional principle of taxation according to economic performance. The tax-free capital gain under Art. 16 para. 3 DBG requires the sale of in rem or obligatory rights of the private assets and a directly linked consideration.
The remunerated waiver of a legal remedy or legal…