progetti
BGE 18 I 16 ΓÇó Church tax on out-of-canton real estate upheld
BGE 18 I 16Raccolta ufficiale del Tribunale federale (DTF) / Volume I19 mar 1881Dismissed
Rickler challenged a church tax imposed in Steckborn for his house and garden, arguing that he already paid church tax in Zurich and that only local residents could be taxed for church purposes. The Federal Court rejected the complaint, holding that real estate may be taxed for church purposes in the canton where it is located if the owner belongs to the relevant confession. It also found no substantiated double taxation, emphasizing that land is subject to the tax sovereignty of the canton in which it lies.
Church tax; taxation of out-of-canton real property; double taxation. No constitutional principle limits church taxation to residents of the municipality. Real property may be subjected to church taxation in the commune where it is located, provided the owner belongs to the confession for whose worship the tax is levied. Alleged double taxation fails where it is neither shown nor probable that another canton asserts tax sovereignty over the same property; objections in that event would concern the tax claim of the other canton, not the canton of situs (consid. 2).