Kernrechtsfrage
Whether SBB is exempt from cantonal and communal taxes for real estate without a necessary relation to its railway business
Extrahierter Entscheid
Under Art. 21 SBBG, the exemption does not extend to real estate outside SBB’s public-transport tasks; such properties may be taxed for profit, capital, surcharge and church taxes.
Extrahierte Begründung
The Court held that the new statutory wording, legislative materials, and the shift from a public-law entity to a special-law corporation justify limiting the former broad exemption. The federal-law derogatory force is not violated because the new regime intentionally departs from the older practice.