Facts
Insurance company X. is an insurer subject to federal supervision and offers, among other products, the insurance product "life annuity with reimbursement". In November 2010, the Federal Tax Administration (FTA) audited the stamp duty declarations for the years 2006 to 2009 and found discrepancies in the single premiums in the area of deferred life annuities with reimbursement. The FTA stated that the incorporation of the accumulated surpluses into an additional lifelong annuity had not been included in the duty calculation; the use of the surplus constituted a "single premium" for the additional annuity, which was subject to stamp duty. Insurance company X. disputed the FTA's statements and argued that the surplus allocations to the policyholder were rebates due to the cautiously calculated premium; these rebates did not constitute stamp duty-liable insurance premiums.
Considerations
The Federal Supreme Court upholds the appeal of insurance company X. and holds that the use of surpluses from the "life annuity with reimbursement" does not constitute a premium payment within the meaning of Art. 21 lit. a StG and is therefore not subject to stamp duty. The policyholder here has no contractual claim to the payment of the surplus participation, and with the surplus-financed annuity increase, he also does not receive increased insurance coverage. Rather, he receives an increased insurance benefit for…