Facts
The investment foundation X. domiciled in Basel is the owner of various properties in the Canton of Aargau. It was assessed for the tax years 1991/92 with a real estate tax of 2 o/oo of the official value of the properties, with the state and municipal taxes levied on the tax amount thus determined. The investment foundation X. filed a legal remedy against this, as it was of the opinion that the application of the state and municipal tax rates was inadmissible.
The cantonal instances dismissed the legal remedies of the investment foundation X. Thereupon, the investment foundation X. filed a constitutional appeal with the Federal Supreme Court for violation of Art. 2 Transitional Provisions aBV and Art. 4 aBV.
Considerations
The Federal Supreme Court upholds the appeal and sets aside the contested decision. It states that the cantonal real estate tax, which is levied solely on the properties of pension funds, violates the principle of the universality of taxation and cannot be based on Art. 80 para. 3 BVG.
The Federal Supreme Court emphasizes that the tax exemption of pension funds under Art. 80 para. 2 BVG is subject to the reservation…