Depreciation for owner-occupied property
March 17, 2022 | 35,00 EUR | answered by Steuerberater Knut Christiansen
Hello,
we are planning to purchase a renovated condominium from the developer. The property is a former industrial building with monument protection. In our research on the internet, we have read that unlike new buildings, depreciation of the property is possible for owner-occupiers. Our question is which documents are necessary for the tax office to recognize the monument depreciation for owner-occupation (not rental)? Which documents does the developer need to provide us with? It is important to note that the property is currently being renovated and will be handed over by the developer after renovation.
Kind regards,
Sebastian Fischer
Good day and thank you for using ask-einen.com!
In principle, you can claim expenses for a listed building when used for own purposes as a special deduction according to § 10f of the Income Tax Act (10 years at 9%). According to the wording of the law, it says:
"The taxpayer can only claim the increased deductions if he proves the conditions of paragraph 1 for the building and the measures by a not obviously unlawful certificate from the competent municipal authority; the certificate must contain the amount of the expenses for the measures according to paragraph 1 sentences 1 and 2. If he has been granted subsidies from renovation or development funds, the certificate must also contain their amount; if such subsidies are granted to him after the certificate has been issued, it must be amended accordingly."
This means that the property developer must provide you with appropriate evidence or certificates (amount of costs) from the relevant authorities (monument protection) if you want to claim these amounts for tax purposes.
I hope this answers your question, if not, feel free to ask additional questions at no cost.
I would like to point out that this forum cannot replace detailed and personal tax advice, but is primarily intended to enable 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
