Questione giuridica chiave
Whether the refusal to take account of pillar 3a contributions and passive interest in source taxation for 2006 could stand for a non-resident who earned at least 90% of total income in Switzerland.
Decisione estratta
The appeal court correctly required reassessment under the free movement agreement: a non-resident who earns at least 90% of total income in Switzerland must be treated like a resident for the relevant deductions if needed to remove discrimination.
Motivazione estratta
Following prior Federal Supreme Court case law and the free-movement agreement, a different tax treatment of such quasi-resident non-residents is discriminatory and overrides contrary cantonal and federal source-tax rules.