Shared rental property after divorce
February 21, 2010 | 15,00 EUR | answered by Michael Herrmann
Hello,
I have a problem. I am divorced and remarried, but I still own a joint property with my ex-wife. The property is rented out. Therefore, I would assume that I can simply deduct the loss from the rental income by 50%. However, the tax program only allows for the property to be owned either solely by me, solely by my current wife, or jointly by both of us. None of these options apply, as the property is owned by me 50% and by my current wife 0%. Can anyone help me with this?
I have read that I may need to file a "declaration for separate and uniform determination..." However, this seems unnecessary, as we have agreed to split both the income and expenses equally. Additionally, the corresponding form does not account for such a situation.
As I would like to file my income tax return quickly, it would be helpful if I could avoid such a complicated process.
I request assistance!
Dear inquirer,
First of all, thank you for your inquiry, which I would be happy to answer based on the information provided and in the context of your initial consultation. The response is based on the facts presented. Missing or incorrect information regarding the actual circumstances can affect the legal outcome.
If the subject of the separate determination in taxation is attributable to multiple persons, the determination must be made separately and uniformly in accordance with § 179 (2) sentence 2 AO. An exception is only given when the involved persons are jointly assessed. This means that the income from a common source of income with the ex-wife must be declared separately.
The law does not provide for any other possibility. Even if you were to find a technical solution, the tax office would reject the processing because they must insist on a separate declaration.
I regret not being able to provide a more favorable answer and remain
Yours sincerely,
Michael Herrmann
Dipl.-Finanzwirt (FH)
Tax consultant
