Questione giuridica chiave
Whether property maintenance, insurance, and administrative costs are deductible for 2002 despite no rental value yet arising from the property.
Decisione estratta
Yes. Such expenses are generally deductible under the harmonized net-income concept even if the property produced no income during the renovation period; a temporary lack of rental value does not change their character.
Motivazione estratta
Art. 9(1) LHID requires deduction of necessary income-acquisition expenses from total taxable income. Requiring a strict symmetry between the expense period and a corresponding rental income would convert income tax into a schedular tax. Only if expenses are, over time, economically unjustified or abusive may requalification arise. For actual expenses, deduction is allowed; a cantonal rule or interpretation excluding them until rental value exists conflicts with LHID and constitutional equality and ability-to-pay principles.