Questione giuridica chiave
Whether Zurich had to include its property gains in the intercantonal loss allocation for 2003
Decisione estratta
Yes. For the purpose of intercantonal apportionment, Zurich had to take account of its own property gains; excluding them reduced the loss share improperly and violated the ban on intercantonal double taxation.
Motivazione estratta
Although Zurich may tax business property gains under the monistic system without ordinary loss set-off under cantonal law, the choice of system may not disadvantage other cantons or the taxpayer in the intercantonal allocation.