A new-build listing for a rental flat calculates with special tax depreciation under § 7b EStG. Before this advantage becomes part of your financing, you must distinguish two different limits: the cost cap as a prerequisite and the limited assessment base for the calculation.
Assigning the actual subsidy case
§ 7b contains several prerequisites. For the newer building permit group considered here it concerns building permits or corresponding building notifications submitted after 31.12.2022 and before 01.10.2029. The statute requires, among other things, new flats, the mentioned Efficiency House 40 sustainability class with QNG certificate as well as the required remunerated residential use in the relevant period. Temporary accommodation does not count as residential purpose in this respect. [NEUBAU]
This is not a complete subsidy commitment for a specific new build. Have timing, purchase case, areas, costs and all other conditions professionally assigned. The mere word “new build” in the listing does not replace this examination.
Two limits in the hypothetical case
For this newer group the statute specifies a cost cap of 5.200 euros per square metre of living space. The assessment base, by contrast, is limited to 4.000 euros per square metre. The special depreciation amounts, under the statutory conditions, to up to five percent annually in the year of acquisition/manufacture and the following three years. [NEUBAU]
We assume 80 square metres and professionally correctly delineated relevant costs of 400.000 euros. That is 5.000 euros per square metre. Despite being below the cost cap the here limited assessment base is only 320.000 euros: 80 times 4.000. Five percent of that results in at most 16.000 euros special depreciation per mentioned year, assuming all other conditions are met. That is not 16.000 euros of paid-out subsidy.
Do not merely cut off the excess at the top
If the costs relevant in the case rise to 420.000 euros, this results in 5.250 euros per square metre. That exceeds the cost cap. It is then not sufficient merely to remove the portion above 5.200 euros from the assessment base and continue calculating unchanged. The entitlement prerequisite itself must be re-examined.
Later costs and changes of use also belong in the advice. § 7b paragraph 4 contains grounds for reversal. [NEUBAU] The financing plan must not perpetuate an expected tax effect as if it were an unconditional grant.
Make the sales calculation traceable
Request a documented cost/area calculation, the actual evidence status and a personal comparative tax calculation. Only their result and timing effect can be included in the cash plan. Until then the limits are a concrete review assignment and not a confirmed additional source of own funds.