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BGE 4 I 538 ΓÇó Church tax enforcement against a corporation owning land in another canton
BGE 4 I 538Recueil officiel du Tribunal fédéral (ATF) / Volume I30 nov. 1878Dismissed
The Unterallmeind-Korporation in Arth challenged church-tax enforcement brought by Vitznau, arguing that it had to be pursued only at its domicile in Arth and that, as a corporation, it was exempt from cultic taxes under the Federal Constitution. The Federal Court rejected both arguments. It held that Art. 59 FC did not apply because the tax claim was a real charge on the land located in Vitznau, and that Art. 49(6) FC protects only natural persons, not juristic persons. The complaint was dismissed.
Art. 59 and Art. 49(6) BV; church tax and enforcement of land-based tax claims against juristic persons. Art. 59 BV applies only to personal claims and does not prevent enforcement at the place where the encumbered immovable property is located. Tax claims attached to land are treated as real claims. Art. 49(6) BV, as a consequence of religious freedom and freedom of conscience, may be invoked only by natural persons capable of such rights; juristic persons, lacking conscience and religion, cannot rely on it. The fact that the levy is a ground tax does not exclude the constitutional issue, but it does not change the result (consid. 1-2).