Facts
The [A. AG] , a pure real estate company with its registered office in [U.] /BE, declared a determining net profit of CHF 17,755,763.-- for the 2015 tax year. It owns investment properties in various cantons, including the canton of Thurgau. The tax administration of the canton of Thurgau did not allow the loss share of CHF 33,007.63 for the 2015 tax year and assessed a taxable net profit of CHF 1,129,549.-- for the state and municipal taxes 2015. The cantonal legal remedies lodged against this decision were unsuccessful. The Administrative Court of the canton of Thurgau dismissed the complaint of [A. AG] with judgment of 14 October 2020.
[A. AG] requests that the judgment of the Administrative Court of the canton of Thurgau be set aside and that the tax administration of the canton of Thurgau be instructed to assess [A. AG] for the tax period with a taxable profit of CHF 1,096,542.90 in the canton of Thurgau. Alternatively, [A. AG] requests that the tax administration of the canton of Bern be instructed to allow the suspended revision application, to revoke the assessment of 20 February 2017, and to assess the taxable profit in the canton of Bern for the 2015 tax period at CHF 6,792,747.61.
Considerations
The FSCA examines the question of to what extent a canton, on whose territory a real estate company holds only investment properties, must take over losses from other cantons in the context of inter-cantonal profit allocation. The tax administration of the canton of Thurgau refuses to bear the share of the loss from the canton of Aargau of CHF 33,007.63, which the canton of Bern, as the domicile canton, had assigned to it in its assessment and therefore did not allow for deduction.
The FSCA decides that the canton of Thurgau, as the canton where the property is located, does not have to take over the loss from the canton of Aargau, since the domicile canton of Bern is in a position to offset the loss due to its unlimited tax sovereignty and the…