Steuern sparen & mehr Rendite durch Restnutzungsdauer Gebäude AfA, Jahressteuergesetz 2024/25

Summary

The video discusses the implications of upcoming changes in German tax legislation regarding property depreciation. It emphasizes the benefits of actual depreciation over statutory rates, which can significantly lower taxable income and enhance returns on rental properties. With new regulations set to introduce a 20% threshold in 2024, the ability to claim higher depreciation will be restricted, requiring expert evaluations that include on-site inspections. The speaker urges landlords to prepare for these changes and suggests utilizing tax advisory services to optimize property investments amidst the evolving legal landscape.

Takeaways

• 😀 Double depreciation allows for reduced taxes and higher returns by adjusting the usable lifespan (AfA) of a property based on its actual usage.
• 😀 The new 20% threshold introduced by the 2024 Tax Act will impact all active rental properties and is intended to curb the benefits of extended depreciation periods.
• 😀 Stefan Mücke recommends utilizing the 'Steuerfokus für Vermieter 2024' for important tax insights, including necessary purchase price allocations and shortened lifespans for property depreciation.
• 😀 A building purchased in 1980, for example, would need to be depreciated at the statutory rate of 2% per year unless a confirmed shorter usable lifespan is established.
• 😀 With a confirmed shorter usable lifespan, such as 20 years, depreciation could increase to 5-12% per year, boosting returns on investment.
• 😀 The German Federal Tax Court ruled in 2021 that property depreciation based on actual usage duration must be respected, rejecting the government's attempt to limit this practice.
• 😀 The 2024 Tax Act proposes restricting the use of actual usable lifespan calculations to cases where the property’s lifespan deviates more than 80% from the statutory lifespan.
• 😀 The proposed changes effectively eliminate the possibility of using actual usable lifespan for most properties, with an exception for buildings with particularly short expected lifespans, like temporary structures.
• 😀 The new legislation also introduces stricter requirements for expert appraisals, such as mandatory on-site inspections by certified specialists, to validate any claims of shortened property lifespans.
• 😀 There are concerns that the government's actions are driven by fiscal considerations rather than sound policy, and that it undermines the necessary separation of powers within the legislative process.

Q & A

What is the main topic discussed in the transcript?

The transcript discusses tax regulations regarding property depreciation in Germany, specifically focusing on the implications for rental property owners and the changes introduced in the 2024 tax law.

What is double depreciation and how does it benefit property owners?

Double depreciation allows property owners to reduce their taxable income significantly by increasing advertising costs, which leads to higher returns on their investments.

What new regulation is being introduced by the German government regarding property depreciation?

A new 20% threshold for considering actual useful life is being introduced, which may limit depreciation options for older buildings, affecting all active landlords.

When will the new tax regulations take effect?

The new regulations are set to take effect on January 1, 2025, and will impact tax assessments for that year onward.

What are the requirements for property assessments under the new regulations?

Under the new regulations, any assessment for a shortened useful life must be based on a certified expert's report, which must include an on-site inspection.

Why should property owners utilize the 'Steuerfokus für Vermieter 2024'?

Property owners are advised to utilize the 'Steuerfokus für Vermieter 2024' to navigate the changes in tax regulations effectively and maximize their potential tax benefits.

What might happen to existing assessments after the new regulations take effect?

After 2025, existing assessments will only be valid if they meet the new 20% threshold and include a report based on a physical inspection; otherwise, property owners risk losing their depreciation benefits.

What are the implications of the changes for property valuation?

The changes could lead to a reduction in the assessed value of properties with shorter useful lives, affecting the allowable depreciation and tax benefits for property owners.

What concerns are raised about the legislative process behind these changes?

Concerns are raised that the legislative changes are driven by fiscal motivations rather than sound policy, as the government seems to be acting under pressure from the Federal Ministry of Finance, leading to questions about the independence of the legislative process.

What should property owners do if they need a new property valuation after the changes?

Property owners should consult with certified experts to conduct new property valuations and ensure that any necessary assessments comply with the updated regulations to maintain their depreciation claims.