Field help:
(2021)
Do you want to claim special depreciation according to sect. 7b of the Income Tax Act (EStG)?
Description
Select Yes if you want to enter special depreciation for the object in accordance with sect. 7b of the Income Tax Act (EStG) (new rental property construction).
According to sect. 7b of the Income Tax Act (EStG), you can claim special depreciation of up to 5% of the tax base per year in addition to the linear depreciation for wear and tear according to sect. 7 para. 4 of the Income Tax Act (EStG) for the acquisition or construction of new apartments in the year of acquisition or construction and in the following three years.
Construction measures that create new, previously non-existent apartments on the basis of a building application submitted after 31 August 2018 and before 1 January 2022 or a building announcement made during this period are favoured. For rental flats that can be built without a building application or building notification according to the building regulations, the time period mentioned can be based on the time of the start of construction (Federal Ministry of Finance (BMF) letter dated 21.09.2021, IV C 3 - S 2197/19/10009 :009).
The prerequisite for the claim is that
- the flat is situated in a member state of the European Union, and
- the acquisition or construction costs of this flat do not exceed 3.000 Euro per square metre of living space and
- the flat is made available for residential use against payment in the year of acquisition or construction and in the following nine years.
The assessment basis for special depreciation may not exceed 2.000 Euro per square metre of living space. The special depreciation according to sect. 7b of the Income Tax Act (EStG) is a de minimis subsidy. It is only granted if the requirements of the de minimis regulation are met. For this purpose, the information on the amount of further de minimis subsidies that you have received in the previous two assessment periods as well as in the current assessment period is required.
