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- 1 min read
Limits on the Deductibility of a Home Emergency Call System
Particularly for elderly people, having a home emergency call system often provides a reassuring sense of security, as it ensures help can be obtained quickly in an emergency. In a case decided by the Bundesfinanzhof (BFH) in 2023
Year-EndSource: Deubner Verlag - 1 min read
Planned Tax Relief for Pension Payments and Retirement Annuities
The draft of the Growth Opportunities Act provides relief for recipients of pension payments and retirees. For pension payments (e.g. from company pensions), a pension allowance calculated as a percentage and capped at a maximum amount remains
Year-EndSource: Deubner Verlag - 5 min read
Clarification on Doubts Regarding Tax Exemption for Photovoltaic Systems
Income tax relief: Through the Annual Tax Act 2022, income and withdrawals in connection with photovoltaic systems (PV systems) were exempted from tax under certain conditions. The exemption applies on the one hand to systems up to
Year-EndSource: Deubner Verlag - 1 min read
Potential Tax Pitfall When Selling Half of a Home to a Former Partner
In principle, the sale of a co-ownership share in a property can also trigger taxation if it occurs within ten years of acquisition. Exceptions apply in particular where
Year-EndSource: Deubner Verlag - 1 min read
Exceptions to the Extended Trade Tax Deduction for Real Estate
Real estate and housing companies that exclusively manage their own real estate, for example in the form of rented apartments, can be operated largely free of trade tax even when subject to trade tax due to their legal form (e.g. GmbH or GmbH & Co. KG) through
Year-EndSource: Deubner Verlag - 1 min read
Low-Interest Construction Loans for Families
The Federal Ministry of Housing has launched a new funding programme via the Kreditanstalt für Wiederaufbau (KfW) intended to facilitate the purchase and new construction of climate-friendly residential property. The programme is specifically aimed at
Year-EndSource: Deubner Verlag - 1 min read
Declining-Balance Depreciation for New Rental Properties
For a limited period, declining-balance depreciation (AfA) in decreasing annual amounts is to be introduced for residential buildings — this is provided for in the Wachstumschancengesetz (Growth Opportunities Act). The annual depreciation rate is to be 6 %
Year-EndSource: Deubner Verlag - 1 min read
Planned Tax Exemption Threshold for Rental Income
Under the proposed Growth Opportunities Act (Wachstumschancengesetz), income from rental and leasing activities would only be subject to taxation if it exceeds EUR 1,000 per year. If the expenses
Year-EndSource: Deubner Verlag - 1 min read
Key Issues Paper on the Reform of the Real Estate Transfer Tax
In June 2023, the Federal Ministry of Finance presented a key issues paper for a reform of the real estate transfer tax (Grunderwerbsteuer). The reform is intended to take effect on 01/01/2024. The last reform, which led in particular to
Year-EndSource: Deubner Verlag - 2 min read
What is the current status of the Heating Act?
The amendments to the Buildings Energy Act, also known as the Heating Act, were probably the most controversial legislative project of 2023. The Federal Constitutional Court initially stopped it at the last moment in order to give parliament more time to deliberate
Year-EndSource: Deubner Verlag - 1 min read
New Case Law on Share Rotation
If shares in a corporation of at least 1 %, held as private assets, are sold, any capital gain or loss results in business income. By selling shares whose
Year-EndSource: Deubner Verlag - 1 min read
Arm's Length Interest Rate on a Loan Receivable
Shareholders can generally obtain a loan from their GmbH. This can be documented by means of a separate loan agreement. For smaller amounts occurring more frequently, the company's claims
Year-EndSource: Deubner Verlag - 1 min read
Loss Deduction Restrictions: When Losses Exceed the Subsistence Level
In a case before the Cologne Tax Court (Finanzgericht Köln, FG), a taxpayer brought an action after accumulating losses from so-called covered call writing transactions. The offsetting of these losses was limited to corresponding gains from such
Year-EndSource: Deubner Verlag - 1 min read
Bitcoin & Co.: BFH Ruling on Cryptocurrencies
Until now, the tax treatment of cryptocurrencies, particularly with regard to sales, was governed solely by the tax authorities' view, which classified such transactions as private sale transactions. Gains from disposals were
Year-EndSource: Deubner Verlag - 1 min read
Inflation compensation bonus still available in 2024
The rules on the so-called inflation compensation bonus were adopted back in late 2022: Companies that pay their employees a bonus in addition to the agreed wage can do so during the period
Year-EndSource: Deubner Verlag - 1 min read
Input VAT Deduction for Company Events
For company events, a wage tax and social security allowance of EUR 110 per event and participant may be claimed for two events per year. Only expenses exceeding this allowance
Year-EndSource: Deubner Verlag - 2 min read
Maintaining Two Households: Scope of Cost Contribution
For a second household to be recognised for tax purposes, a second residence must exist outside the centre of life (first household) that is significantly closer to the workplace. The second
Year-EndSource: Deubner Verlag - 3 min read
Clarification on Home Office Rooms and the Homeoffice-Pauschale
As of 2023, the rules on home office rooms (häusliches Arbeitszimmer) and the Homeoffice-Pauschale (home office flat rate) have been revised. The Bundesfinanzministerium (BMF) has issued a circular addressing details of the new provisions. Home Office Room In principle,
Year-EndSource: Deubner Verlag - 1 min read
Sale of Private Mobile Phone to Employer: Tax Structuring Permissible
Under § 3 No. 45 EStG, telecommunications devices in particular, but also other IT equipment, may be provided by the employer to the employee tax-free for private use. This also applies to corresponding
Year-EndSource: Deubner Verlag - 1 min read
Risky Failure to Submit the Wage Tax Audit Report
Errors in wage tax often also have implications under social security law, particularly with regard to contributions to health, pension, long-term care and unemployment insurance as well as levies. The employer must act here if
Year-EndSource: Deubner Verlag