Question juridique clé
Whether the Aargau partial-taxation rule and its 10% threshold violate equality and taxation principles when applied to a 9% shareholding.
Solution extraite
No. Because the canton’s rule implements Art. 7(1) sentence 2 StHG and is covered by Art. 190 BV, the Federal Court may not review the threshold or the resulting break in the tax curve as unconstitutional.
Motifs extraits
The 10% minimum is the federal harmonization threshold for qualified participations. The resulting kink or degressive effect is the necessary consequence of the legislatively intended partial taxation regime and therefore protected by Art. 190 BV.