progetti
BGE 5 I 416 ΓÇó No double taxation in Luzern mobiliary tax case
BGE 5 I 416Raccolta ufficiale del Tribunale federale (DTF) / Volume I19 dic 1879Dismissed
Karl Schreiber-Huber, who spent part of the year in Luzern and owned a year-round rented apartment there, was entered in the city police tax register for CHF 15,000 movable assets. He argued that he was already taxed in Schwyz and that the same assets were being taxed twice in violation of the federal constitution. The Federal Court held that double taxation requires two cantons to claim the same tax object for the same period, which was not shown here. Schwyz taxed only his real estate and hotel business, while Luzern taxed other movable assets. The complaint was dismissed.
Art. 46 BV; inter-cantonal double taxation; tax sovereignty over same subject and object. Double taxation exists only where two cantons assert taxing power over the same taxpayer and the same tax object for the same period. It is insufficient that a taxpayer is generally taxed in more than one canton if the taxable objects differ. Where the complainant alleges absence of taxable assets or an excess valuation, that issue is one of fact and amount to be raised before the competent cantonal authorities; the Federal Court does not determine such purely quantitative questions (consid. 1-3).