Buy an apartment for the parents?

  • Erstellt am 2019-09-23 19:02:02

Danii83

2019-09-23 20:40:21
  • #1
Thank you for the tips and the positive feedback. I’m glad that buying the apartment myself doesn’t seem to be a pipe dream. We will then start looking for concrete offers.
 

Wiesel29

2019-09-24 06:25:07
  • #2
Moin Moin, unfortunately there is quite a bit wrong in this section. 1. Advertising costs are deductible proportionally if the rent is less than 66% of the local customary rent. If it is for example 70%, 100% of the deductible costs can still be claimed. If the rent is 50%, only 50% of the deductible costs can be claimed accordingly. 2. There is no law or regulation according to which the tax office calculates a fictitious rent in case of gratuitous use. So if the apartment is handed over to the parents by the tenant free of charge, this is purely the tenant’s private pleasure. Only if the tenant tried to claim the costs (AfA, interest on loans, incidental costs etc.) as a loss on Annex V would the office check and then possibly allocate. But since the rent would then be 0% (0€ of €850 usual rent), the costs would be considered at 0%, which would then neither be a profit nor a loss. German tax law is unfortunately the most complicated worldwide, but sometimes it’s actually quite simple. Regards
 

Tobibi

2019-09-24 07:00:38
  • #3
The discussion about the fictitious rent took place only recently in another thread. It could not be concluded there, several people claimed to know it, but were not in agreement.
 

Wiesel29

2019-09-24 07:12:32
  • #4
I have been working at the tax office for over 13 years and a fictitious rent does not exist. No one will find this point in the Income Tax Act in §21.

"The facts of § 21 Income Tax Act are fulfilled by anyone who, in particular, lets a developed property to another person (partly) for payment. Gratuitous use, on the other hand, does not fulfill the facts of § 21 Income Tax Act. Whoever lets an apartment to another person completely free of charge cannot (in this respect) claim any advertising expenses."

That should be clarification enough now.

Regards
 

Michlhausbauaa

2019-09-24 08:20:31
  • #5
I can only agree.
 

Hyponex

2019-09-24 13:58:11
  • #6


Danii mentioned that she receives rent from her parents, which will definitely be below €850!

I just wanted to point out that one should be careful about how high it should be; with your hints, however, one can get a better picture to see what the "minimum rent" should be to be able to fully deduct the costs!

Because if it is above 66% = 100% deductibility (probably no profit = no taxes)
at 60% = 60% deductibility = additional taxes to pay!
 

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