Can acquisition costs only be written off in the next year?
May 11, 2021 | 30,00 EUR | answered by Steuerberater Knut Christiansen
I have sold a condominium to my own asset management company. With a separate contract, some furnishings that are in the apartment will also be sold.
Some items will be sold for less than €250, all others for less than €800.
The selling price is to be paid by the company to me in monthly installments.
Payments are only to begin in 2022.
QUESTION:
Is this possible?
How can I claim the acquisition costs/depreciation only starting in 2022 (e.g. through free provision until the end of 2021 and sale only in 2022)?
Or can a tax loss in 2021 (due to claiming the acquisition costs/depreciation in 2021 with a limited partnership) be carried over to 2022?
And: Is it necessary for the installment payments to be subject to an interest rate, or can the purchase price simply be paid off in 24 equal installments?
Thank you.
Good day and thank you for using Frag-einen.com!
I would like to provide you with the following information regarding your questions.
In principle, assets can be sold to the company. The agreed prices must be objective but plausible.
Losses of the KG can theoretically be carried forward to the year 2022 as part of a loss carryforward. However, the losses must be allocated proportionally to the shareholder for the year they occurred. If the shareholder has positive income from other sources in 2021, the losses from the KG will be offset against these. In this case, it would be better if the effective sale and depreciation only take place in 2022.
It is generally recommended to agree on a low interest rate, as otherwise there will be a discount obligation of 5.5% regarding the liability to the company. In theory, an interest rate of 0.01% would be sufficient.
I hope this answers your question, otherwise feel free to ask further questions free of charge.
I would like to point out that this forum cannot replace a comprehensive and personal tax consultation, but is mainly intended to provide an initial tax assessment. By adding or omitting relevant information, the legal assessment of your issue could be different.
Best regards
Knut Christiansen
Tax consultant
