Whether it’s international DJs at weddings, foreign technology companies for conferences or licence fees to franchisors abroad – many hotels and restaurants are now part of international service and contract structures. What many people don’t know is that this can lead to tax risks and potential payment obligations. The reason: Section 50a of the Income Tax Act (EStG).
Continue ReadingTag: Around real estate
Value added tax for rentals: What private landlords should know
According to the Statistisches Bundesamt (Federal Statistical Office), there were around 43 million homes in Germany at the end of 2023 – more than half of which are rented, many by private individuals. However, many private landlords are unaware that they too can be considered VAT-registered businesses.
Continue ReadingBusiness assets or private assets? Tax classification of real estate
The tax classification of real estate that is used for both business and private purposes is a complex issue in practice that is often overlooked. Tax classification is particularly important for mixed-use real estate, as it determines the tax treatment of acquisition and production costs, depreciation and subsequent capital gains tax.
Continue ReadingReal estate and inheritance tax: What you should look out for and what exemptions are possible
Due to the high property prices, even supposedly “normal” houses and condominiums often exceed the tax-free amounts in the event of inheritance or a gift. However, there are specific tax exemptions, especially for owner-occupied residential property, which can bring considerable financial benefits. If you bequeath or give away a property,
Continue ReadingAsset protection in Germany with the help of foundations – René Benko as a role model for asset protection?
The need to protect your assets from third parties is legitimate. Asset protection is an important issue, particularly for people with large and very large assets, and should always be considered when planning your estate.
A recent example of asset transfers to protect assets from third-party claims is the case of René Benko,
Continue ReadingCompulsory portion of real estate: When property becomes a point of contention
Close relatives can be disinherited by a will – but the compulsory portion remains. It gets really tricky when the estate is mostly made up of property. The compulsory portion claim can then become a big cash flow problem for the heirs. How can you avoid disputes over the compulsory portion?
Continue ReadingConstruction withholding tax: What does it mean for landlords and what needs to be considered?
The construction withholding tax is an important measure aimed at preventing tax evasion and illegal working practices in the construction industry. The recipient of the construction service, e.g. the landlord who purchases the construction work, must therefore pay 15% of the invoice amount directly to the tax office in certain cases.
Continue ReadingDepreciation on rental apartment buildings – how investors benefit from tax advantages
The conditions for building new homes have become extremely difficult: rising material prices, high manufacturing costs and, most recently, massive increases in construction interest rates are putting a heavy strain on residential construction. Nevertheless, investing in rental housing can still be worthwhile – tax depreciation options play a key role here.
Continue ReadingTax optimisation of real estate assets: the advantages of a property limited company
Often, property or real estate assets are held either as private assets or in partnerships. A less common, but potentially advantageous option for larger real estate assets is to hold them in a limited liability company. This alternative offers interesting tax perspectives and structuring options.
Continue ReadingBerlin Testament vs. Sylt Testament: Strategies for Tax-Free Wealth Transfer
When it comes to drawing up a will, married couples have various options to choose from that not only offer legal certainty but can also provide tax advantages. The well-known ‘Berlin Testament’ and the increasingly popular variant of the ‘Sylt Testament’ offer different approaches. In addition, the ‘property swing’ and the ‘Sylt model’ are two options for transferring real estate in a tax-optimised manner.
Continue ReadingYou have received a property tax assessment notice – what now?
Many property owners have now received their local property tax assessment and are shocked to find that the property tax payable from 2025 has increased many times over in some cases. How can this be and what options do property owners have? This article explains the most important aspects of the property tax reform with a focus on Bavaria.
Continue ReadingAvoid inheritance disputes: What you should look out for when making a transfer of assets during your lifetime
Recently, more and more reports about the inheritance dispute between Reinhold Messner and his children have appeared in the press. Although he had already transferred the majority of his assets to them several years ago, massive conflicts and mutual accusations have now arisen.
This prominent example shows how important it is to carefully plan the transfer of assets and property during one’s lifetime.
Continue ReadingThe property in inheritance dispute
If several people become heirs and want to divide the estate among themselves, a “division of the estate” must take place. This often leads to disputes. Especially if the testator has left a property. This is because real estate usually has a value that is difficult to estimate. The inheritance settlement agreement to be concluded between the heirs must take into account both the legal and tax aspects of the division of the property.
Continue ReadingSustainability in the real estate sector: How to protect your property from loss of value
The European Union (EU) has stipulated that all buildings in the EU must be climate-neutral by 2045, i.e. they must no longer produce any greenhouse gas emissions. The Bavarian Climate Protection Act even stipulates climate neutrality by 2040.
For property owners, this means enormous pressure to take action to renovate their buildings to make them more energy-efficient and to switch to renewable energies.
Continue ReadingEPBD revision: EU directive drives energy efficiency and sustainability in buildings
The European Union has taken decisive steps to increase energy efficiency in buildings. In March 2024, the EU Parliament voted in favor of the recast of the Energy Performance of Buildings Directive (EPBD). The recast marks a turning point for the real estate sector. The initiative aims to reduce energy consumption and accelerate the transition to renewable energy,
Continue ReadingSale of privately owned real estate
What should you bear in mind for income tax purposes when selling property as a private asset? Unfavorably chosen constellations can also have far-reaching consequences for you in the future.
In principle, the increase in value of real estate is subject to income tax at the individual personal tax rate,
Continue ReadingHow and when should real estate be transferred within the family?
Owning a home often plays a central role in the lives of many families. Whether for their own use or as an investment, their own four walls should also offer their descendants stability and security.
To ensure that this also works in reality, the issue of transferring a property should be addressed at an early stage.
Continue ReadingInherited a property in Italy – and now?!
Did your parents or grandparents once fulfill their dream of owning their own property in Italy? Whether it was a vacation apartment on Lake Garda or a house in Tuscany, it is possible that this property will be included in the estate.
But what do you do with the property then?
Continue ReadingFunding opportunities 2023: The innovations for energy-efficient construction and renovation for property owners at a glance
In 2023, homeowners and prospective property owners in Germany will have a wide range of opportunities to take advantage of financial incentives for energy-efficient construction and renovation. Families in particular will benefit from new KfW programs offering low-interest loans and extended credit terms. These support measures are part of a comprehensive strategy to promote sustainable real estate projects and environmental protection.
Continue ReadingThe energy renovation of the home
When modernizing a home or changing ownership, the question arises as to what subsidy options or tax benefits are available and how they can be claimed.
Would you like to get an overview of the BEG individual measures grant, tax simplification for photovoltaic systems and new regulations for sales tax?
Continue ReadingReal estate sale & divorce: sale of co-ownership share within holding period may be taxable
Often, a property must be sold in its entirety as part of a divorce, or one ex-spouse sells his or her co-ownership share to the other ex-spouse. The problem: if a property is sold as private assets within the so-called holding period, taxes may have to be paid on it because it may be a private sale transaction.
Continue ReadingReal estate valuation newly regulated – higher inheritance tax and gift tax for real estate since 01.01.2023
Real estate valuation in the event of a gift or inheritance has always been a bone of contention. Now, the legislator has reformed the Valuation Act – and with significant effects on the calculation of inheritance tax and gift tax in connection with real estate. This is because the value of real estate has been determined on the basis of the market value for the calculation of gift and inheritance tax since the changes to the law on 01.01.2009.
Continue ReadingProperty tax 2022 – need for action for property owners!
Further update 31/01/2023: In Bavaria, the deadline for submitting property tax returns is extended to the end of April.
In the Free State of Bavaria, property and land owners now have a further three months to submit their property tax returns. This was decided at short notice in the cabinet on 31.1.2023.
Continue ReadingProperty tax reform: What does your notice of assessment say about the property tax assessment amount?
In connection with the property tax reform, many property owners receive the property tax assessment notices from the tax office.
In Bavaria, in addition to the “notice of the property tax assessment amount”, a “notice of the property tax equivalent amounts” is also issued.
Continue ReadingEnergetic renovation measures: How can real estate owners benefit from a tax perspective?
Since 2020, energetic renovation measures on the owner-occupied home have been eligible for tax incentives for ten years. Corresponding expenses can be deducted directly from the tax liability.
- Which measures are subsidized?
- What should be considered?
- What alternative funding options are there?
Our experts around the property give you tips and answers to 10 questions from the practice of tax incentives for energy refurbishment of your home,
Continue ReadingEnergetic renovation of the home and its financing
n principle, craftsmen’s services on properties used for one’s own residential purposes are only taken into account for tax purposes to a very limited extent.
However, if one observes important prerequisites, plans the measures accordingly and provides the necessary evidence, renovation costs can certainly be deducted from tax.
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