Questione giuridica chiave
Whether the mixed-use residential and commercial property belonged to business or private assets for 2010 tax purposes.
Decisione estratta
The property had to be allocated to private assets because its use had shifted predominantly and permanently to private use.
Motivazione estratta
For mixed-use assets, the decisive factor is the actual technical-economic function. A business-to-private transfer occurs when predominant business use changes to predominant private use and the change is lasting. The court preferred the book-based comparison method and found the factual pattern showed prevailing private use.