The Federal Fiscal Court has recently ruled against the tax authorities, stating that the costs for the necessary furnishing of the second home in the context of a work-related second household are not part of the accommodation costs, the deduction of which is limited to 1.000 Euro per month. Instead, expenses for furnishings and household items - if necessary - are fully deductible as other necessary additional expenses due to a second household in accordance with § 9 Abs. 1 Satz 3 Nr. 5 EStG (BFH ruling of 4.4.2019, VI R 18/17).
(1) If the second home is owned by the employee, the actual expenses, e.g. depreciation, interest on loans, operating costs, repair costs, are deductible as business expenses up to the maximum amount of 1.000 Euro per month. Here too, the costs for necessary furnishings and household items can be deducted in addition to the maximum amount (BMF letter of 24.10.2014, BStBl. 2014 I p. 1412, Tz. 103).
(2) When using a furnished or partly furnished flat, a higher rent is generally payable. If the rental contract does not specify a breakdown of the rent for the use of the flat and the use of the furniture - as is usually the case - the rent paid can be apportioned on an estimated basis according to § 162 AO. The use of the flat is then deductible up to 1.000 Euro per month and the use of the furniture is deductible beyond that (BFH ruling of 4.4.2019, VI R 18/17).
(3) If the purchase costs for an individual item do not exceed 800 Euro (excluding VAT), they are immediately and fully deductible. This applies to purchases from 1.1.2018. Previously, the limit was 410 Euro. Higher costs must be spread over the expected useful life and are only deductible with the annual amount as "depreciation". The useful life for furniture is 13 years.
