Key legal question
Whether Lucerne’s fixed lump-sum deduction for property expenses violated intercantonal double taxation and tax harmonization rules.
Extracted holding
The fixed lump-sum regime was unlawful because it was arbitrary in amount and incompatible with the harmonized rules on annual and substantive tax assessment; the taxpayers could claim actual maintenance costs in Lucerne.
Extracted reasoning
The 33% lump sum was excessively high and, combined with a six-year observation mechanism, departed from Art. 16 StHG and failed to ensure full deduction of actual expenses over time. The issue was therefore not resolved under Art. 127(3) BV alone, but under tax harmonization law.