Intention to make a profit for previously rented property - now office for own use
October 27, 2019 | 30,00 EUR | answered by Steuerberater Bernd Thomas
We have a small apartment in the same house.
It has been rented out so far and has also generated profits (albeit small up to 1000) since 2011.
After the family member moved out, I gave up my separately rented office and
use the apartment as a workspace for my freelance work.
Can a no longer existing profit motive lead to all losses from renting out before 2010 being retroactively denied?
For tax purposes, I no longer deduct office rental expenses for my freelance work (EÜR),
but I also do not fill out the "Rental and Leasing" form.
Is this correct from a tax perspective?
Or do I need to deduct fictitious rental costs in the EÜR and then report them in the rental income?
Best regards
Dear inquirer,
I am happy to answer your inquiry based on the information provided in a preliminary consultation on frag-einen.com. The response is based on the facts you have provided. Missing or incorrect information can affect the legal outcome.
Rental income can be reported until the intention to rent out is abandoned. Changing the use to a home office does not change this.
The rental and leasing income statement should only be submitted for periods when the intention to rent out existed, or in exceptional cases, even for subsequent deductible expenses.
It is possible to claim it as a home office if the general requirements are met. This has nothing to do with renting out.
Best regards,
Bernd Thomas
Tax advisor
Dipl.-Kaufmann (FH) Bernd Thomas, Tax Advisor, Neustadtswall 85, 28199 Bremen, bernd.thomas@yahoo.de, VAT ID No. DE316948369, Member of the Hanseatic Chamber of Tax Advisors Bremen, Registration number 111705, Professional liability insurance with R+V Allgemeine Versicherung AG, Mittlerer Pfad 24, 70499 Stuttgart, Insurance coverage: 250,000 euros per individual claim; Annual maximum benefit: 1,000,000 euros (for all damages in an insurance year); the professional regulations of the StBerG apply https://www.gesetze-im-internet.de/stberg/
