BAFA funding depends on the form "Confirmation of the Developer"

I can understand the BU not wanting to fill out a "developer" confirmation if it is not a developer. After all, their input tax deduction entitlement depends on it. If the HSL subcontractor of my general contractor hadn't dropped out, I would have had my general contractor issue a separate invoice only for the relevant items (heat pump, possibly ventilation) and then fill out and sign (stamp) the specialist contractor declaration. In my opinion, that is the correct procedure.

I doubt that DFH will issue me a separate invoice just for the air-water heat pump, but I can give it a try. However, I see the problem more in that I stated that I carried out the measure not on my own but with DFH. And I can no longer change that. That choice was possible when confirming the implementation after completion of the measure.

I can understand that the BU does not want to fill out a "Bauträger" confirmation if it is not a Bauträger. After all, their input tax deduction entitlement depends on it.

??? As far as I can see, nothing depends on that for the BU at all. The form can be downloaded and viewed on the BAFA website. It is also not relevant to anyone except BAFA, so I cannot imagine that the BU loses anything, let alone the input tax deduction entitlement, because it fills out a form from an authority that does not understand the terms it writes on it.

I can understand the concern, even though I also do not believe that a real danger exists. But the reasoning is as follows: (real) developers are not allowed to charge VAT and are then also not entitled to input tax deduction for the services. Authorities presumably (obviously) communicate with each other. So if they sign and stamp any form in which you are titled as the developer of a construction project, the tax office could get the idea that all the invoiced VAT was incorrectly deducted.

I can understand the concern, even though I also do not believe that a real danger exists. But the reasoning is as follows: (real) property developers are not allowed to charge VAT and are then also not entitled to deduct input tax for the services. Authorities presumably (obviously) communicate with each other. If they therefore sign and stamp any form in which you are titled as the developer of a construction project, the tax office could get the idea that all the invoiced VAT was incorrectly deducted.

I believe the idea of how much federal authorities talk to each other is greatly overestimated. There would have to be some reason why BAFA should fax this form to the tax office, and then the tax official would have to a) be interested in the fact that "developer" is written on it and b) misinterpret how the form is meant. The probability that the business loses the right to deduct input tax due to this theoretical constellation I consider to be <0.1%. And even if this lottery win of unsolicited procedural creativity within the entrenched German bureaucracy SHOULD occur, the company could still easily prove that they are not/were not acting as a developer and that BAFA just carelessly chose the title of their form.

My husband just had an idea: Have you called [BAFA]? They were very helpful and friendly with us and were able to assist us over the phone. Try explaining your problem to them and why your construction company refuses to sign it. Maybe they have had similar cases and can tell you how it was resolved?

You are right. It's not about saying that this happens, but about explaining why they acted that way.