Question juridique clé
Whether the Lucerne inheritance tax rules applying full taxation to each transfer within a fideicommissum violate the Constitution, especially economic capacity and equality.
Solution extraite
Yes. Full taxation of each change in beneficiary under a fideicommissum is unconstitutional because it ignores the beneficiary's economically restricted position.
Motifs extraits
A fideicommissum is closer to an unreserved substitutionary succession than to ordinary inheritance. The beneficiary's economic capacity usually increases only through the yield of the property, not its full value. Therefore a full tax on the entire property value conflicts with taxation according to economic capacity under Art. 127(2) BV.