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Federal Constitutional Court declares tax on deemed income from property unconstitutional

2026-05-08

Federal Constitutional Court declares tax on deemed income from property unconstitutional

The Federal Constitutional Court has declared the controversial Section 7E of the Income Tax Ordinance 2001 unconstitutional and entirely void. This provision concerned taxation on "deemed income" from property and had been under debate for quite some time.

According to the court’s ruling, the imposition of such a tax under this law was not in accordance with the Constitution. This decision will affect individuals and entities that fell within the tax net under this provision. The court made it clear that Section 7E is not acceptable in its entirety.

Section 7E had already been considered controversial because it imposed tax on certain properties even without actual income. Critics argued that this mechanism differed from the basic principles of taxation. For this reason, the matter reached the court.

Following this decision, the government and the relevant tax authorities will have to review their policies and laws again. According to experts, the effects of this ruling could be felt in both the tax system and the property sector.

This decision of the Federal Constitutional Court has clarified an important legal and financial matter. Attention will now turn to what changes the government makes to tax laws after this ruling.

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