Questione giuridica chiave
Whether garden and exterior landscaping expenses for the owner-occupied villa were deductible as maintenance expenses for direct federal tax and cantonal/communal tax.
Decisione estratta
No. Because the garden was not taken into account in the rental-value calculation, these expenses were not immediately connected to the taxable rental value and were not deductible; reconstruction of the pergola would in any event have been investment expenditure.
Motivazione estratta
Under Vaud practice, garden amenities do not affect the rental value. Expenses related to garden design or maintenance, even if they preserve or improve the garden, fall outside Art. 32(2) LIFD. The alleged storm damage did not change this, and rebuilding would be non-deductible investment expenditure.