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Decision aid Financing & costs Germany

A real estate fund specifies partial exemption: Do not understand tax-free portions of income as an additional payout

Which basis remains in the model once the fund's tax classification is actually clarified?

Automatically translated – the German version is legally binding. Show original (German)

Published
19 Oct 2026
Research as of
17 Oct 2026
Applies to
Germany
For whom
Owners & landlords
Article ID
WX26-P06-0118

For a real estate fund a tax partial exemption is specified. That can affect an individual tax bill. The exempted portion of income is however neither an additional distribution nor a general tax exemption for any investment that carries real estate in its name.

First confirm the fund type for tax purposes

This article explicitly concerns investment funds within the applicable scope of the Investmentsteuergesetz. § 2 Absatz 9 describes the real estate fund and foreign real estate fund quota based on the fund terms and ongoing asset investment; further rules supplement the definition. [TYP]

Do not transfer the subsequent calculation uncritically to a direct rental flat, a project company, a bond or an otherwise taxed participation. The actual product identity and the relevant tax classification are required. A foreign provider name alone does not prove foreign real estate fund status.

Understand the partial exemption as the calculation basis

§ 20 Absatz 3 InvStG states 60 percent tax-free income for real estate funds, 80 percent for foreign real estate funds. These exemptions exclude the share exemption for equities there. [ANTEIL] The personal application and all other tax items must be checked concretely.

For the hypothetical first case, €10.000 of relevant income and the application of the 60 percent rule are expressly already clarified. Of that, €6.000 would be covered by this rule as tax-free and €4.000 would not be exempted by this partial exemption. The cash receipt therefore does not become €16.000.

In a separate comparative variant with a confirmed 80 percent rule, €8.000 would be tax-free under this rule and €2.000 would not be correspondingly exempt. No personal tax amount is calculated from that here either. Allowances, loss offsets, actual types of income, further tax provisions and the accounting status are not modelled.

Label a sales calculation correctly

Please request a comprehensible allocation of the income basis used and the partial exemption rate for a real offer. Then compare the payment actually remaining with you after the professionally determined tax treatment. A tax-advantaged portion says nothing about the reliability of future income or the return of the capital invested.

Check cash needs independently of the tax benefit

For a property purchase or ongoing loan instalments what matters is which amounts actually become available when. Correct tax relief neither replaces the necessary sale of a share nor its payout conditions.

The decision aid therefore ends with a more precise tax question and an unchanged separation of income, tax and cash inflow. It gives no investment recommendation and confirms no personal partial exemption.

Sources and context

  • [TYP] § 2 InvStG — Gesetze im Internet / Bundesrecht. Abruf am 17.10.2026.
  • [ANTEIL] § 20 InvStG — Gesetze im Internet / Bundesrecht. Abruf am 17.10.2026.

Created with the help of AI and editorially reviewed. General guidance only; not individual legal, tax or financial advice. Errors and later changes are possible.