What is the permit tax
Monument protection depreciation: you should know that
The monument authority pays strict attention to the evaluation criteria and provides the Permit only off when all factors met are. These include in particular:
- Preservation of properties and historical substance the monument must be guaranteed
- Investments must be justified and for the Receipt of the property necessary be
- Changes in the use of the building are permitted under monument law Do not fundamentally change the properties of the building
Also one Conversion is tax-eligible, for example if living space is to be created in an agricultural building or a former factory. However, the authority must here certify that the construction work is necessary for the preservation or meaningful use of the monument. In the opinion of the Oberfinanzdirektion, this is the case under the following conditions:
- historical substance and monument-defining properties are preserved
- the expenses are necessary for the conversion
- the change of use is justifiable taking into account aspects of monument law
The Certificate the monument authority is the legally binding one basis for the tax deductibility. If this important document is not available, the tax office will not grant the depreciation amounts. The certificate of the monument authority is only binding for the tax authorities if there are no indications for self-examination by the tax authority. If there is such a notice, the tax office can check the tax treatment of the building itself. In this case, an individual check is carried out by the tax authorities for investments, which can also turn out negative in case of doubt. The renovation costs are then not tax-deductible.
What does monument protection AfA mean?
Acquisition costs can be deducted for new building depreciation on a straight-line basis at two percent annually over a period of 50 years
The abbreviation Depreciation stands for Depreciation for wearwhich can be used equally for rented old and new buildings. The manufacturing and acquisition costs can be at the New construction depreciation linear With two percent annually over a period of 50 years can be claimed for tax purposes. For before 1925 erected buildings are the cost within 40 years with an annual rate of 2.5% deductible. Owner-occupiers cannot make use of the new or old building depreciation, as these two variants are only granted for rented properties.
The maintenance of listed buildings is associated with high repair and modernization costs for many owners, which is why monument owners are particularly encouraged by the state with tax depreciation. The German tax law does not provide for double funding, but if you apply the monument protection depreciation, you as an investor can still benefit from one benefit from double funding. This is possible because the acquisition and renovation costs are each considered to be different expenses.
The pure one Purchase price write down annually after deducting the building value two or 2.5 percent from. The Modernization costs you can with a rented monument building for a period of eight years with nine percent annually and deduct it for another four years at a rate of seven percent each. Only costs related to the Preservation of the building will serve as a monument or are required for meaningful use. In the case of a rented property, the renovation costs can thus be deducted 100 percent.
Monument protection depreciation for owner-occupiers
In the case of listed buildings, the legislature grants property owners high tax advantages, which in contrast to the classic depreciation variants for new and old buildings also from self-users can be used. Unlike landlords, owner-occupiers can However, the purchase price is not copy. The Renovation and modernization costs you can use the monument building for yourself ten years with annually each nine percent drop.
If there are several owners of a listed property, further regulations apply. In principle, the costs are calculated proportionally and charged to the respective owners. This is also the case with mixed properties, which not only have condominiums but also rented space.
Depreciation in monument protection: what is not eligible?
The costs for the creation of a new garden cannot be claimed
However, there are limits to the depreciation of listed properties. Legislators assume that a building will lose value over the years due to wear and tear. This is when Land however not the case, because it does not wear out - a depreciation for the property is therefore generally not possible when buying a property. Even with the monument protection AfA, not all measures are deductible. Here you can only costs for modernizations that are necessary for the preservation of the monument. This includes measures such as the installation of heating systems, windows or toilets. Not funded however, for example the New creation of the garden or the Construction of a new garage.
It also often happens that a building is not completely listed as an individual monument. For example, if there is ensemble protection in a street for an architecturally and spatially related group of buildings, this protection can also only refer to all externally visible changes to the roof and facade. This includes, for example, the renewal of windows, doors, roofing or the repainting of the facade. The entire building is not a listed building, other measures are like Heating or bathroom renovation not deductible.
Depreciation of monument protection sample calculation:
You purchase for 150,000 euros a listed building with a high need for renovation. Not included in the purchase price 70,000 euros on the value of the Property, the building value remains an amount of 80,000 euros. The Refurbishment of the building costs 650,000 euros. For the bank loan initially fall about 12,000 euros interest per year, which can also be discontinued. This results in the following calculation in the beginning (simplified):
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