Kernrechtsfrage
Whether the Ticino tax assessment violated the ban on intercantonal double taxation by only granting a proportional disability deduction
Extrahierter Entscheid
Yes. In this special situation of spouses with separate primary tax domiciles, each spouse must be able to deduct in full the disability expenses personally borne by them.
Extrahierte Begründung
The usual proportional allocation between cantons is not mechanically applicable where two spouses are separately taxed at their respective primary domiciles but remain married. Disability expenses under Art. 9 cpv. 2 lett. hbis LAID are deductible without limitation for the person who bears them; proportional splitting caused an actual double taxation.