Legal Provisions "Installation of a Secondary Apartment"

  • Erstellt am 2015-06-22 13:46:06

melipp2015

2015-06-22 15:17:44
  • #1
Okay, that would of course also be great, then we wouldn't have to declare anything to the tax office. But it could be that if my father no longer pays maintenance to my mom, she might have to request support from the office. Then she would have to be able to prove a rental contract. So is it still possible that we internally conclude a rental contract for ourselves? Thank you very much for your information.
 

ypg

2015-06-22 15:27:13
  • #2
There are indeed rental agreements, also for [Einliegerwohnungen]. The protection against termination is - I believe - mitigated.
 

Bauexperte

2015-06-22 15:28:29
  • #3
You now want to "only" charge your mother for the proportional utilities, i.e., demand her participation in those; otherwise she lives rent-free. Later— for the case outlined above— suddenly there should be a rental contract? You have to decide: an annex apartment in all consequences or later also support your mother economically alongside the apartment. All gray areas in between are, from my personal point of view, fraud against the taxpayer. Rhenish greetings
 

melipp2015

2015-06-22 15:41:29
  • #4
I don’t want to commit fraud!!! As my subject line in this topic states, I want to inquire about what I am legally obligated to do, precisely because I want to handle everything correctly.

I am simply wondering whether I am now required to install separate meters for the additional costs or if I can run everything through one meter and specify the additional costs (then recorded in the rental contract) as a flat rate. Regarding the rental income, you suggested declaring it as a multi-generational house to avoid taxes. For this very reason, I asked whether there would be problems if she ever needs assistance.

My mother now pays 300 euros rent + 100 euros flat rate for additional costs to us and will also pay 300 euros rent and 100 euros additional costs, so I am not supporting her financially now and will not do so later either.

I wouldn’t even have had to mention my mother, since the same question arises if we rent the apartment out to outsiders, whether a utility bill with flat rates is permissible.

Best regards
 

Musketier

2015-06-22 15:45:00
  • #5


Then you are also obliged to file a tax return.
 

melipp2015

2015-06-22 16:05:34
  • #6
Okay then I am aware and will of course do that as well. As I said, my question in this forum was actually about the legal regulations of meters of the respective providers in a [Einliegerwohnung].
 

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