SHARE
COPY LINK
For members

PROPERTY

EXPLAINED: The German property tax declaration owners need to know about

Property owners in Germany will have to send the tax office an updated declaration of their property values by January 31st, to help calculate a new amount they’ll have to pay in tax. We explain what they’ll have to do.

EXPLAINED: The German property tax declaration owners need to know about
Property taxes are increasing. Photo by PATRICK HERTZOG / AFP

People owning property in Germany, from individuals who might own their home to commercial landlords, may have recently come across advisories from tax consultants or media stories, telling them they’ll have to submit a new declaration to the tax office as to their property’s value.

Interactions with German bureaucracy – especially the tax office – can be intimidating, but there’s a few easy steps to follow if you have to declare.

Who has to declare, when – and why?

In 2018, Germany’s highest court declared the country’s current laws on property tax (known as Grundsteuer) unconstitutional, partly because the property values currently used to calculate what an owner owes are seriously out of date.

West German properties were last assessed for tax purposes in 1964, and East German ones in 1935.

The constitutional court gave the government until the end of 2019 to come up with a new way of calculating the tax for Germany’s 36 million properties.

That’s why owners are being asked to send in new declarations, based on values as of January 1st 2022.

The tax office will then use those declarations to determine what new tax rates owners will have to pay for their properties. Although they may end up having to bear some of costs of higher property tax later, tenants don’t have to declare anything – just owners.

Owners have until January 31st to send in updated information electronically to the tax office.

READ ALSO: Update: What you need to know about the German property tax reform that affects us all

What information do I need?

Each of Germany’s 16 federal states are allowed to have slightly different regulations in the property tax reform, so be sure to check what specific regulation governs you. That said, a few key documents will help you to provide an updated property value to submit.

Extract from the land register (Grundbuchauszug): For people who purchased their property prior to January 1st 2022, this may be the best option to get the most up to date valuation possible that the tax office will accept. The federal government’s dedicated website on the updated property tax declaration also strongly recommends you have this document in particular. You can get this record by making an appointment with your land registry office, or Grundbuchamt. Each individual district, or Bezirk, will have one. You often have to make appointments with them beforehand to request documents, so call them up or email them to request a time.

Last assessment notice (Einheitswertbescheid), purchase contract, or construction documents: A few other documents, particularly for more recent purchases, will help you fill in the declaration. Construction documents may have been included with your purchase contract, and your local tax office will have sent you an assessment notice after you took possession of your property.

These documents will help you answer a few key questions on the electronic declaration, including what year the property was built, its size, number of parking spaces or renovation year. All of these will end up being relevant for the final declaration.

When will the new rate come into effect?

Tax experts say it may take until late 2024 for the new rates to be calculated. The federal government will decide on a base before each individual state may adjust their rate slightly through state law. That’s why it might take some time to tell owners what their new rates will be, with them expected to come into effect on 1 January 2025.

Until that date, owners can continue paying what they are currently paying with no changes.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

READER QUESTIONS

Is it legal to grow cannabis in a German allotment garden?

Germans love their Kleingärten - or allotment gardens. Now that cannabis has been partially legalised in Germany, some people are wondering if it is legal to grow weed there. Here's what you need to know.

Is it legal to grow cannabis in a German allotment garden?

Germany changed the law around cannabis on April 1st. 

Under the first step, adults over 18 are now allowed to carry 25 grams of dried cannabis and cultivate up to three marijuana plants. 

Many people in Germany have an allotment garden – known as Kleingarten or Schrebergarten. This is a plot of land that city-dwellers can rent out to use as their own garden. They can grow various things there like flowers and vegetables. 

There are over 900,000 throughout the country, and the Federal Association of German Garden Friends estimate around five million people use a Kleingarten.

READ ALSO: How to get a Kleingarten in Germany

So is it possible to grow cannabis there?

As always when it comes to Germany, the laws are tricky to clarify but in general the answer is: no. According to the German Health Ministry, cultivating marijuana plants in allotment gardens is generally not permitted – because growing cannabis is only legal ‘at someone’s place of residence’ under the new law. 

A ministry spokesperson told DPA that cultivation in allotment gardens would only be legal on the condition that the person growing the cannabis is resident there.

“This is not usually the case,” said the spokesperson, referring to the Federal Allotment Garden Act which does not allow people to have homes at their allotment. 

It is regulated by law that an arbour or shed in an allotment garden is not suitable for permanent residence. “In addition, the legislator expressly rejected the conversion of arbours into small private homes in the procedure for the Federal Allotment Garden Act,” said the ministry spokesperson.

There is one exception, however. 

It applies within the framework of the protection of existing rights if the owner of an allotment garden already lived there or used the allotment as a residence before the Federal Allotment Garden Act came into force more than 40 years ago.

“The rights of an allotment gardener to use his allotment garden for residential purposes remain in force if they existed when the Federal Allotment Garden Act came into force on April 1st 1983 and no other regulations prevent residential use.”

Someone holds part of a cannabis plant

Cannabis is partially legalised in Germany. Photo: picture alliance/dpa | Karl-Josef Hildenbrand

The German Hemp Federation had been questioning whether cultivation at allotments was allowed, and said they believed it was under the law. 

The federation pointed out that the text of the law states that adults can grow up to three cannabis plants “at their place of residence or habitual abode”.

But that the explanatory notes go on to say: “Private cultivation is the cultivation of cannabis in the private home. The term ‘dwelling’ within the meaning of this law includes all premises dedicated to private residential purposes, including gardens, allotments, weekend houses, holiday homes, etc.”

For this reason there has been confusion – but the Health Ministry has tried to clarify this by pointing out the various laws and the exception regarding allotments. 

Can you smoke cannabis at an allotment garden?

So people cannot cultivate cannabis at their Kleingarten – but can they legally smoke it?

The answer is yes – as long as the person in question is an adult and the garden is not near a school or similar facility. 

Under the new law, cannabis will remain banned for under-18s and within 100 metres of schools, kindergartens and playgrounds.

As the next step in the legal reform, from July 1st it will be possible to legally obtain weed through “cannabis clubs” in the country.

These regulated associations will be allowed to have up to 500 members each, and will be able to distribute up to 50 grams of cannabis per person per month.

However, given that the cannabis law was passed at short notice on April 1st, it is unclear how many of these clubs will be established in time for July. 

READ ALSO: What to know about Germany’s partial legalisation of cannabis

SHOW COMMENTS