How are study costs recognised?
Expenses for a first degree after completing secondary education are currently only deductible as special expenses up to a limit of 6,000 Euro, whereas the costs for a second degree or a first degree following vocational training can be fully considered as business expenses.
The deduction for special expenses only reduces tax if there are other incomes - including those of the spouse - from which the expenses can be deducted. If this is not the case, the supposed tax benefit is ineffective. Any training costs that cannot be offset against income in the year of payment are lost for tax purposes.
The Federal Constitutional Court has declared the legal regulation to be constitutional. The fact that expenses for initial vocational training or a first degree cannot be deducted as business expenses does not violate the Basic Law (BVerfG decision of 19.11.2019, 2 BvL 22/14, 2 BvL 23/14, 2 BvL 24/14, 2 BvL 25/14, 2 BvL 26/14, 2 BvL 27/14, published on 10.1.2020).
