Kernrechtsfrage
Whether the cantonal tax authority could appeal the tax-records commission decision to the cantonal administrative court under cantonal law and the Tax Harmonisation Act.
Extrahierter Entscheid
The tax authority had standing to bring the cantonal appeal because the applicable communal tax-sharing rules were sufficiently connected to harmonised concepts of permanent establishment and subjective tax liability.
Extrahierte Begründung
Although communal tax allocation is not itself harmonised, Art. 254 StG/BE relies on the harmonised notion of establishment used elsewhere in the cantonal tax act. The same legal term should be interpreted consistently, and the qualification directly affects the taxpayer's liability. This creates a sufficient formal connection to the harmonised tax law.