Question juridique clé
Whether mortgage interest surplus attributable to the French property must be offset against Swiss taxable income for direct federal tax
Solution extraite
No. Under Art. 6 DBG, foreign real-estate losses, including a mortgage interest surplus, are only relevant for rate progression and are not deductible from the Swiss tax base.
Motifs extraits
Art. 6 Abs. 3 DBG must be read as a rule that foreign losses are generally only rate-determining. The court treated an interest surplus from foreign immovable property as an Auslandsverlust and rejected a second allocation of interest under inter-cantonal principles.