ANobAG and 2nd pillar payout

Taxes
1

Hi all,

I registered as ANobAG last week and my pension fund (AXA) informed me that there is possibility to have 2nd pillar payout, since I am not obliged to contribute to the 2nd pillar. (I am “real” ANobAG, since employer is in the US)

I am aware that I will have to pay capital tax on payout, but what I am not sure about is how can I use the money after, from the tax authorities perspective? In the case where I can have a 2nd pillar payout, I would buy real-estate abroad as investment (diversify portfolio), but not sure how is this going to be taxed in this case? I tried reaching Steueramt, they are clueless :confused:

Does someone have similar experience, any thoughts, advices?

Thanks in advance for help!

2

Are you sure they are talking about payout to a regular bank account or do they mean a transfer to a vested benefits foundation?

I wouldn’t expect withdrawal to a regular bank account to be possible for an ANobAG as that’s not the same as self-employment.

1 Like
3

Thanks for reply.

They told me that both (vested benefits and regular bank) are possible. The underlying reason is that BVG is not obligatory for me (which is the case for self-employed persons). So, that’s why I am considering what is the best option, and what would be tax implications.

Did you have similar experience?

4

huh ? AFAIK this is wrong. Someone with an Einzelfirma/KLG or Kommanditgesellschaft is not obliged to have a BVG. Of course if you create a GmbH or an AG this is different (since technically, you are employed by it).

1 Like
5

Once the capital is withdrawn from the BVG realm and the tax at source has been paid, this pot becomes part of your wealth (also incurring wealth tax). You may do whatever you want with this money. Best investment would be with long-term moustachian thinking, of course :smiley:

6

Yeah, in the case of ANobAG (real one), BVG is not mandatory, since employer is outside of EU/EFTA.

7

Hahaha! I agree. That is why I wanted to take money out.
However, once I officially requested the payout, they reverted their decision and told me that although I do not have to contribute to BVG, I am not self-employed and hence cannot take money.

My view is that the ANobAG term is newer than the other laws, so not everything is synced, which might change in the future, of course.

Thanks for all replies! :slight_smile:

8

Are you sure you can take it out?

Fedlex only mentions 3 reasons, none of them would apply for ANobAG.

edit: I see they corrected themselves and are no longer saying you can take it out.

9

That’s what I expected. Not being required to contribute to BVG is something completely different from being eligible to withdraw pillar 2. E.g., if you change to a (part-time) job with an income below 20k, you’re also not required to contribute to BVG but you’re not eligible to withdraw pillar 2.

The reason people, that start a business as self-employed, are allowed to withdraw pillar 2 is that they may need that money as start capital to get the business off the ground. This reasoning doesn’t apply to ANobAG.

2 Likes