Facts
[A.] Ltd., based in Malta, acquired all 1,700 registered shares of [B. AG] , a company based in [U.] , on May 23, 2013, which focuses on renting, managing, and administering properties of Chalet [C.] and participating in them. The purchase price was CHF 21 million.
The Land Registry and Geomatics Office of the Canton of Valais imposed a real estate transfer tax of CHF 432,096 on [A.] Ltd. on August 30, 2013. [A.] Ltd. appealed this ruling to the State Council of the Canton of Valais and requested its cancellation, as it considered [B. AG] not to be an real estate company, but an operating company.
The Cantonal Court of Valais dismissed the appeal. [A.] Ltd. then filed an appeal with the Federal Supreme Court and requested the cancellation of the Cantonal Court's judgment and the non-imposition of the real estate transfer tax.
Considerations
1. Admissibility of the appeal
The Federal Supreme Court is competent to hear the appeal, as it concerns a public law matter that falls within the scope of the Federal Supreme Court Act (FSCA). The appellant, [A.] Ltd., is entitled to appeal as the potential taxpayer and addressee of the contested judgment.
2. Real estate transfer tax and real estate company
The real estate transfer tax is an indirect tax that is not subject to the harmonization requirement of Art. 129 Cst. and is regulated exclusively by cantonal law. [B. AG] is to be qualified as a real estate company, as its purpose and actual activity consist exclusively or at least primarily in the acquisition, ownership, operation, administration, and sale of real estate.
3. Qualification of [B. AG] as a real estate company
The lower court based its qualification of [B. AG] as a real estate company on the company's purpose as registered in the commercial register, which consists of renting, managing, and…