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How is owner-occupied property subsidised under section 10f of the Income Tax Act?

According to § 10f EStG, expenses for urban development measures as defined in § 177 of the Building Code are eligible if they are incurred for buildings in a formally designated redevelopment or development area. The same applies to measures that serve the preservation, renewal, and functional use of a building that is to be preserved due to its historical, artistic, or urban significance, and for which the owner has committed to certain modernisation measures with the municipality. Proof is required through a certificate from the relevant municipal authority that you have carried out building measures in the specified sense and have borne the costs yourself.

Similarly, expenses for building measures on listed buildings can be deducted as special expenses in the aforementioned manner if the conditions are proven by an official certificate. You can consider the tax benefit under § 10f EStG after the completion of the building measure.

If the property is co-owned (except for spouses/partners), enter your share of the deduction amount here.

The deduction amounts under § 10f EStG can only be claimed for one building. Spouses/partners who are not permanently separated in Germany can claim the benefit for a total of two buildings. You cannot claim the deduction amount if increased depreciation under §§ 82g, 82i of the Income Tax Implementation Regulation for building measures completed after 31.12.1986 on a self-occupied building have been considered as special expenses (object restriction).

The Federal Fiscal Court has ruled that the tax benefit of § 10f EStG can only be used for one property and once in a lifetime. This occurs when the benefit is claimed, and § 10f para. 3 EStG prevents the use of the benefit for multiple properties in different assessment periods (BFH ruling of 24.5.2023, X R 22/20).

The claimant had used the tax benefit under § 10f EStG for maintenance measures on his home. The expenses extended from 2006 to 2013. In 2014 and 2015, he applied again for the benefit for another apartment, which was also listed. The tax office refused the deduction because the benefit can only be used for one property, which had already been done for the first apartment.

The BFH argues that according to § 10f EStG, the taxpayer can only claim the deduction amounts for "one" building. It is not possible to deduct them later for another building, and unused parts of the benefit period may be lost.

 

How is owner-occupied property subsidised under section 10f of the Income Tax Act?


Field help

Postcode
City
Type of object

The tax allowance according to § 10f EStG can be claimed for properties that are considered monuments or are located in rehabilitation areas and urban development areas.


You can benefit from the tax allowance according to § 10f EStG if the property is owner-occupied for your own residential purposes or is transferred to other persons free of charge.


If you are claiming acquisition or production costs for the first time, please submit an itemized statement indicating not only the invoice amount paid but also the invoice date, the subject of the service and the company performing the service.

Is it an expansion / extension of an owner-occupied flat?

In the case of expansions and enlargements of an owner-occupied flat, only its construction costs (without the old buildings) form the assessment basis for the deduction amount.

Was the property sold in 2024?

Indicate here whether the object was sold in 2024.

Date of purchase

Enter here the date of acquisition.

The date of acquisition is the date on which the legal possession, benefits and burdens were transferred to you. The date of acquisition is therefore the date on which the object was transferred to you and you were able to use it. The acquisition date is therefore not necessarily the same as the date of payment.

Date of the building application

Enter here the date of the application for building permission.

The date of the building application is the date when the authority receives the application.

Completion date
Completion date

Enter here the date of completion.

The date of completion shall be the date on which the property is ready to be used.

Was the property used for own residential purposes?
Reference date

In order to receive tax relief, it is usually an essential prerequisite that the property is used for one's own residential purposes or is let free of charge to close relatives. Enter here the date of occupation.

Construction start date

Indicate here construction start date.

Acquisition / production of the building

Select whether the object was built (self-built) or purchased.

Owner-occupied living space

Enter here the owner-occupied living area that is allocated to owner-occupied living space.

Some rooms within the owner-occupied rooms may be rented out or used for business purposes.

Other living and usable areas

Enter here the size of the other living and usable areas.

Total usable area of the object

Total usable area of the property

Date of the purchase contract

Enter here the date of the purchase contract.

Address(es) of other objects

Here you can enter the address of other objects for which you have requested a subsidy.

Deduction according to sect. 10e Income Tax Act (EStG)

Tax relief according to sect. 10e of the Income Tax Act (EStG) is not granted. This can only be applied for in the Form FW if the purchase contract or building application was submitted before 01.01.1996.

Was the tax relief in accordance with sect. 10f of the Income Tax Act (EStG) determined separately and uniformly?

Shares in the tax relief under section 10f of the Income Tax Act (EStG) are determined separately and uniformly if several people jointly benefit from this tax relief, for example, due to their participation in a partnership. This process ensures that the tax relief is allocated and applied fairly and in accordance with the individual shareholdings.

The "uniform assessment" means that the tax advantages of the benefit are determined and considered together. All tax aspects resulting from this benefit are considered as a whole.

The "separate determination" refers to the individual allocation of tax benefits to the persons involved. Each participant receives their own share of the tax benefit based on their shareholding or share of the joint activity. This individual share is then used for the personal tax calculation.

The reason for this procedure is to ensure that the tax benefits are distributed fairly and in accordance with individual shareholdings and tax laws. This is particularly important when several people jointly benefit from the tax advantages under section 10f of the Income Tax Act (EStG). It ensures that the benefits are distributed fairly and applied correctly.

Street and house number
Which housing subsidy do you want to apply for?

In order to claim the tax relief under sect. 10f of the Income Tax Act (EStG), the following requirements must be met:

  • The property must be used by the owner or let free of charge.
  • The building must be located in a redevelopment or development area or be a historical monument.
  • There must be a certificate from the responsible authority that the property is a historical building or is located in a redevelopment area.
  • No application for owner-occupied housing allowance (Eigenheimzulage) has been submitted in the past.
Has an application for a homeowner's allowance already been made for the property?

If an application for a homeowner's allowance (Eigenheimzulage) has already been submitted for the property in the past, the tax allowance cannot be claimed.

Is the property located in a holiday or weekend area?
Is the property approved for permanent living in terms of building law?

If the property is located in a resort or holiday area, the property may not be suitable for permanent living due to building regulations. If this applies to your property, tax relief might be denied.

The responsible authority must issue you a certificate if the property is approved for permanent living under building law.

Have deductions or increased deductions already been claimed for other properties?

You can only claim the deduction amount according to sect. 10e of the Income Tax Act (EStG) for one flat (object restriction).

The subsidised expansion or enlargement of a dwelling is also considered to be one object.

Is the deduction claimed for a subsequent property?

If applicable, you can transfer the tax benefit to a subsequent property if the property was not used for your own residential purposes until the end of the subsidy period. The subsequent property must also meet all the requirements for tax relief.

Owner

Please indicate if the property belongs only to you or if there are other owners.

If you are not the only owner of the building used by you for your own residential purposes (benefited property), the maximum amount of the tax reduction for the entire benefited property can only be claimed once in total.

Enter the percentage share of the co-ownership share allocated to you. This information must also be provided if the building is jointly owned by spouses / civil partners and the distribution is 50:50.

Share Partner A
Share Partner B
Share Partner A
Share Partner B
Share Co-owners

Enter the percentage share of the co-ownership shares attributable to you. This information must also be provided if the building is jointly owned by spouses/partners and the distribution is 50:50.

Number of flats

Please enter the number of flats.

... of which owner-occupied

Please enter the number of the owner-occupied flats.


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