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

The house is divided into three apartments and rented out.

It is not about financing at all, but rather about the fact that proportional loan costs of the rental apartments can be claimed for tax purposes. Therefore, one has to separate this somehow and be able to clearly differentiate the costs/shares to the tax office. If tax advisors/tax offices do not want to do this because of the asset-based valuation method or assign too high a share to the owner-occupied apartment – and the original poster is obviously facing this problem – then you solve it by having separate land register sheets, where you can furthermore assemble the (proportional) ownership composition per land register as you like can.

So who prevents the original poster or their family from acquiring the apartments separately in partial ownership through 3 different banks?

For example like this:

Ground floor: spouses A/B each 50%, financed through bank X
1st floor: spouse A and grandmother 25/75%, financed through bank Y
2nd floor: spouse B and child 70/30, financed through bank Z

A certificate of separation must be available, otherwise the current rental would be illegal. Therefore, division into partial ownership is possible, thus legally three different owners; a civil law partnership (GbR) for the purpose of leasing and management is also possible. This clearly assigns the individual loans/values and ultimately tax aspects to the individual apartments.

Furthermore, afaik cross-leasing within the family is still possible, so that possibly all three apartments are considered rental properties for tax purposes, if there are enough purchasers within the family.

Really stupid question. Do you know more than I do?

Again: The OP did not write that it is about three condominiums, but about a completely normal 3-family house! Therefore, he would have to arrange all the legal stuff (notary, certificate of separation, declaration of division, formation of partial ownership) in the context of the purchase and this generates costs. For what? He wants to buy the ENTIRE house.

Your example can work, but in the first post it says that the OP wants to rent out two apartments – so it is desired that the entire property belongs to him.

What do you actually want to tell us now and what real tip are you giving???

He wants to base the proportional division of the purchase price (rental/self-use) on the income value. I think that can be done, but whether the tax office accepts it must be answered by a tax advisor.

Example:
W1: Local customary rent 400 euros
W2: Local customary rent 300 euros
W3: Local customary rent 300 euros

Purchase price 400,000 euros, then I would set 240K euros as a loan for the rented apartments and 160K euros for the self-used apartment.

That is the only point DG wants to make.

What do you actually want to tell us now and what real tip are you giving???

Let it be, nordanney. You are right and I have my peace.

Dirk

Really stupid question. Do you know more than I do?

Once again: The OP did not write that it is about three condominiums, but about a completely normal three-family house! Therefore, he would have to arrange all the legal stuff (notary, certificate of completion, declaration of division, formation of condominium ownership) within the scope of the purchase and incurs costs. For what? He wants to buy the ENTIRE house.

Your example can work, but in the first post it says that the OP wants to rent out two apartments - so it is desired that the entire property belongs to him.

What exactly do you really want to tell us now and what real tip are you giving???

Really stupid question, did you even read the first post of the thread creator?

Good morning everyone,

thank you for the many responses and please no arguments :-)

the situation is that the 3 apartments in the house have been continuously rented out for over 20 years. The ground floor must be vacated for us, but the other two should remain rented. I am buying the house alone and it should also completely belong to me alone.

The question that arises (and for which we have several different answers):
Purchase price 350,000 divided by 3 (does not quite fit, since the apartment on the 1st floor is larger and more modern than the others, but for easier calculation) results in 3x 116,000 euros.
Can I now simply divide it as 1x 116,000 euros for our apartment and 2x 116,000 euros for the rest? And then also enjoy the tax benefits for these 2x 116,000 euros? From various sources I hear a clear yes.

Our new tax advisor here in town says, however, that the land must be taken into account in the 350,000, which "we alone" use and cannot be included in the financing/taxation of the rented part.
Since the land has enormous value, there would be almost nothing left for the 3 apartments.

What is correct now? :-(

Regards