Federal Court upholds tax deferral for replacement properties

In 2016, a woman sold her share in a property. As the property had been in the family since 1972, no capital gains tax was payable. In 2018, she purchased a new property and sold it again in 2020.

The tax office wanted to tax the profit at a high rate (40%) because she had not paid tax on the first sale, meaning that, allegedly, there was no tax deferral.

The Federal Supreme Court ruled otherwise: a tax deferral is also possible if no tax was paid on the first sale. The decisive factor is not the payment, but whether the legal requirements are met. And: the period of ownership is aggregated (old + new property).

Conclusion:
Even without paying tax on the first sale, a tax deferral may apply and save tax later. (Source: BGE 9C_177/2025 of 11 March 2026)