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BGE 5 I 148 ΓÇó Double taxation and taxation of pledged capital
BGE 5 I 148Amtliche Sammlung des Bundesgerichts (BGE) / Band I16.07.1878Granted
Bücher and Durrer challenged Nidwalden's land tax insofar as it was levied on two pledged capitals on the Bürgenstock property, asserting that the claims were already taxed in Obwalden. Nidwalden argued the complaint was premature and that no double taxation existed. The Federal Court held that exhaustion of cantonal remedies was not required in double-taxation cases and that the pledged claims were movable property taxable only at the creditor's domicile. It therefore granted the complaint in substance, but only from 1876 for the CHF 17,000 claim and from 1877-11-07 for the CHF 400,000 claim, since the 1875 tax year had already been settled by the prior federal judgment.
Art. 59 OG; double taxation and fiscal allocation of pledged claims; a federal complaint against double taxation is admissible once directed against a cantonal authority decision, without prior exhaustion of the cantonal appeal chain. Pledged debts are movable property and are taxable exclusively at the creditor's domicile; taxation by the canton where the encumbered real estate is situated constitutes impermissible double taxation and an intrusion into another canton’s tax sovereignty. Relief cannot extend to a tax period already definitively adjudicated in a prior federal judgment; it applies only from the moment the relevant security right arises or from the first tax period not yet covered by that judgment (consid. 1-5).
kompetenzen führen würde, und wünsche, daß ihre Angehörigen vor unberechtigter Besteuerung geschützt werden. Das Bundesgericht zieht in Erwägung: