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Description of the
The costs of maintaining and repairing buildings in designated regeneration areas or urban development areas can be reduced, in some cases significantly, through tax relief.
In order to claim tax relief for modernisation and repair work carried out within regeneration areas and urban development zones, a certificate issued by the local authority must be submitted to the tax authorities.
This certificate is issued by the relevant local authority upon application. Tax advisers can provide comprehensive advice on the details of any tax relief available.
Measures leading to the construction of a new building are not eligible for tax relief.
The costs of (construction) works, as well as grants from regeneration or development funding, must be specified in the application.
The costs of modernisation and repair work, less any grants, may be deducted at a rate of up to 9% in the year of expenditure and in each of the following seven years, and at a rate of up to 7% in each of the subsequent four years.
In the case of properties used to generate income, maintenance expenses may, at the taxpayer’s request, be spread over two to five years rather than being deducted in a single year. For owner-occupied properties, the construction costs may alternatively be deducted as special expenses at a rate of 9 per cent over a period of ten years.
Prerequisites
The certificate may only be issued for modernisation and repair works carried out within designated regeneration areas and urban development zones.
Before work begins, the regeneration area or urban development zone must be formally designated, and either a modernisation or repair order must have been issued by the local authority, or a written agreement regarding the modernisation or repair order must have been concluded between the owner and the local authority. If individual construction works have already been carried out, a certificate cannot be issued.
Deadlines
noneRequired documents
The following documents are required:
- Existing plans
- Plans showing the measures
- Modernisation or repair requirement or agreement
- Original invoices (final invoices)
Costs
25 to 600 EUR
Legal basis
- Section 7h of the Income Tax Act (EStG)
- Section 10f of the Income Tax Act (EStG)
- Section 11b of the Income Tax Act (EStG)
- Guidelines on the Certification of Income under Sections 7h, 10f and 11a of the Income Tax Act (EStG-BeschR Sections 7h, 10f and 11a)
- Tariff No. 4.I.1 Order on the Adoption of the Schedule of Fees under the Costs Act (Schedule of Fees – KVz)
Legal remedy
Administrative court action
Further links
Procedure
You must apply for the certificate from the relevant local authority.
As part of the certification procedure, the relevant local authority checks whether the building is situated within a formally designated regeneration area or urban development zone, whether modernisation and repair works have been carried out, what the total expenditure was, and to what extent grants from public funds have been approved.
The certificate issued by the local authority is to be submitted to the relevant tax authority for the purposes of assessing tax depreciation.