Question juridique clé
Whether § 44(1)(b) and (2) StG were unconstitutional as applied to a cohabiting parent with a non-common child, requiring tariff A instead of tariff B.
Solution extraite
The provisions are compatible with constitutional equality and the principle of taxation according to economic capacity; tariff B applies.
Motifs extraits
Federal case law allows different tax treatment of married and unmarried couples. The relevant horizontal comparison showed no unconstitutional disadvantage of the appellant’s household; if anything, the appellant fared somewhat better than a comparable married couple. Child-related relief is primarily provided through deductions, and the legislature has wide discretion in tariff design.