Repeatedly, heavy rainfall and the associated flooding have caused considerable damage. Many people are left with nothing, having lost their belongings and seeing only the remnants of their existence. The damage repair will lead to significant financial burdens.
Almost always, the finance ministries of the affected federal states decide in these cases to assist those affected through tax measures to avoid undue hardship. The so-called disaster decree is then regularly enacted, granting tax relief and reductions.
Since the tax deduction for household items, clothing, and building damage in natural disasters is provided for in the disaster decree and this decree represents an equity regulation according to § 163 AO, the usual insurance requirement should exceptionally be disregarded here. The Federal Ministry of Finance already stated in 2013 that "so-called elementary insurance does not constitute a generally accessible and usual insurance option within the meaning of R 33.2 No. 7 EStR" (BMF letter of 21.6.2013, No. VI). Therefore, tax offices are instructed not to refuse the recognition of damage costs due to flooding and inundations because of a lack of elementary insurance.