Question juridique clé
Whether the canton was entitled to reclaim withholding tax refunds after an ESTV precautionary reduction.
Solution extraite
Yes. A precautionary reduction under Art. 57 VStG is the sufficient objective basis for the cantonal authority to seek repayment under Art. 58 VStG.
Motifs extraits
The ESTV has broad review powers over cantonal withholding-tax refunds, including legal assessment. Once a precautionary reduction is issued, the canton must initiate the repayment procedure; the taxpayer can contest the repayment order in the remedy stage.