Purchase contract / Division of property / How to determine the land

  • Erstellt am 2016-04-27 11:19:45

HaraldHirsch

2016-04-27 11:19:45
  • #1
Hello everyone,

we are planning to buy a house with 3 units. We will move into the lower one, the other two apartments will remain rented out.
The tax advisor recommended that for the part that is rented out, we should take out a separate loan, have it run significantly longer, and each year offset the depreciation and interest expenses against the rental income.

The problem is: the house is supposed to cost 350,000 euros, the actually somewhat higher price is basically a gift from the seller. So far so good.
However, the house is on a 790 sqm plot of land. We cannot allocate this to the rented apartments. With a current land value of 245 euros/sqm, this would already result in a value of 193,550 euros for this plot.
Thus, only 350,000 - 193,550 = 156,450 euros would remain for the house.
Is that correct? Somehow that sounds stupid.
Of the 156,450 euros, 2/3, i.e. just over 100,000 euros, would then be allocated to the rented part, and from the rest of the loan we cannot derive any tax advantages :-(

Do you have any tips?
The tax advisor said that the land could be "set lower within a realistic framework," but what amount are we talking about here?
Our hope was to manage the loan by having the biggest portion (we thought we could allocate 2/3 of the total sum of 350,000 = 230,000 euros) run longer and reduce the monthly rate. But that does not seem to work? :-(

Best regards
 

nordanney

2016-04-27 12:04:43
  • #2
Why not? For depreciation this is correct (only the house value can be depreciated here, land cannot be considered because it theoretically has an infinite useful life), but not for financing. Here you can proceed freely – 2/3 of the financing concerns the rented part (simplified), for which you should also be able to deduct the interest. Proceed similarly to a condominium, where the land portion is included. But your tax advisor should be able to explain this to you.
 

MarcWen

2016-04-27 12:27:28
  • #3
Why don't you have the "gift" registered on the property?
 

HaraldHirsch

2016-04-27 12:38:47
  • #4
The tax advisor strongly advised us against showing the gift anywhere at all but simply writing the price in the purchase contract.
Formally documenting a real "gift" has several disadvantages (keyword: I still have siblings, my partner is not my wife and therefore no tax exemption for gifts, etc.)

ok, we will ask again ... yes, about 2/3 of the entire loan is for the rented part and that’s it. But apparently, that is not the case :-(
 

MarcWen

2016-04-27 12:43:07
  • #5
2 purchase contracts, one each for the house and the property? For the property then use a symbolic value. But I am not an expert. One just develops ideas.
 

nordanney

2016-04-27 12:58:40
  • #6
The house and the land are inseparably connected.
 

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