projetos
BGE 4 I 540 ΓÇó Legal persons cannot invoke Art. 49(6) BV against church taxes
BGE 4 I 540Coletânea oficial do Tribunal Federal (BGE) / Volume I8 de jun. de 1878Dismissed
The Bürgergemeinde Zürich challenged a church tax levied by Horgen for the Sihlwald, arguing that as a legal person it did not belong to any religious community and could not be taxed for cult purposes under Art. 49 BV. The Federal Court held that, although the 1877 levy might have become moot for formal reasons, the recurring nature of the tax justified reviewing the substantive question. On the merits, it reaffirmed that Art. 49(6) follows from freedom of belief and conscience and is therefore unavailable to legal persons absent implementing federal legislation. The complaint was dismissed.
Art. 49 BV; church taxes; legal persons and freedom of belief and conscience; Art. 49(6) BV may be invoked only by physical persons, because the guarantee of religious freedom presupposes belief and conscience. Legal persons cannot directly derive from this constitutional provision an exemption from cult taxes, save for any extension that may later be established by the contemplated federal implementing legislation. A complaint concerning a recurring annual tax may nevertheless be examined on the merits despite possible mootness of the individual year, where the underlying liability question remains relevant (consid. 1-2).