Facts
The complainants, [A.X.] and [B.X.] , were assessed for the tax period 2006 with a taxable income of CHF 1'551'100.-- for direct federal tax and a taxable income of CHF 1'546'000.-- for cantonal and communal tax. The spouses [X.] had acquired options from [Y.] Maschinen AG between 2004 and 2006, which entitled them to purchase shares of the parent company.
The cantonal tax office of Zurich accounted for [A.X.] a monetary benefit of CHF 1'318'724.-- in 2006 from the award of options. The complainants requested that these amounts be excluded from taxable income, as they had already been declared and taxed in 2004 and 2005.
Considerations
The Federal Supreme Court applies the law ex officio and bases its judgment on the facts established by the lower court. The complainants allege a violation of federal law and request that the submission be granted suspensive effect.
The Federal Supreme Court ruled that the award of employee shares or options at a preferential price is part of the taxable income from dependent employment. The taxation of this income is governed by the time of exercise of the options. The lower court rightly decided that the income from the option awards in 2004, 2005, and 2006 is taxed at the effective realization point in 2006.
The complainants argued that the income…