Key legal question
Whether an underutilization deduction applies when determining the imputed rental value for state tax under § 28 StG.
Extracted holding
No. The degree of actual use of the taxpayer’s own home is irrelevant for the cantonal imputed rental value; there is no underutilization deduction under § 28 StG.
Extracted reasoning
The federal direct tax rule in Art. 21(2) DBG expressly allows consideration of actual use, but the cantonal provision does not. Section 28 StG refers to the rental value as the dwelling value, meaning the amount needed to rent a comparable apartment. Therefore actual underuse does not affect the assessment.