Legislator Case Law & Legislation
641.4 STG CH-OW

Art. 34 Tax Act (StG)

Taxation of Natural Persons - Income Tax - Determination of Net Income - Private Assets
Open official source Full Act (324 Articles) Machine-readable Markdown (.md)

Art. 34 StG

1. In the case of movable private assets, the costs of management by third parties and foreign withholding taxes that are neither reclaimable nor creditable may be deducted.

2. For real estate in private ownership, maintenance costs, costs of repairs for newly acquired properties, insurance premiums, and management fees by third parties may be deducted. The Cantonal Council regulates the distinction between maintenance and capital costs of properties by ordinance.

2a. Maintenance costs are equated with investments that promote energy savings and environmental protection, provided they are deductible for direct federal tax purposes. The same applies to demolition costs in anticipation of a replacement building. Deductible investment and demolition costs may be claimed in the two subsequent tax periods, insofar as they cannot be fully considered in the current tax period in which the expenses were incurred.

3. Also deductible are the costs of preservation work on monuments, which taxpayers have undertaken due to legal requirements, in agreement with authorities, or at their directive, provided these works are not covered by subsidies.

4. Taxpayers may claim a flat-rate deduction for privately owned real estate in lieu of actual costs and premiums. The Cantonal Council regulates further details by ordinance.

← Art. 33 StG Tax Act (StG) - Subject Matter of the Act Art. 35 StG →

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Court Decisions Applying This Provision (3)

VVGE.2003.04.Nr.34 · ow (Art. 34 Abs. 2 StG)
Condo Owner Travel Costs Not Deductible
Basis for determining which costs related to real estate in private assets are deductible.
VVGE.1999.00.Nr.38 · ow (Art. 34 Abs. 2 StG)
Tax Authority's Demand for Non-Deductible Expenses Unlawful
Cited to explain the deductibility of maintenance costs for real estate.
VVGE.1999.00.Nr.38 · ow (Art. 34 Abs. 4 StG)
Tax Authority's Demand for Non-Deductible Expenses Unlawful
Cited to explain the options for deducting maintenance costs (lump sum or actual costs).