Kann ein Arbeitszimmer steuerlich abgesetzt werden, wenn 4/5 Tage homeoffice, auch wenn theoretisch ein Arbeitsplatz im Unternehmen zur Verfügung steht?

Mein Team trifft sich ein mal pro Woche im Büro und ansonsten ist homeoffice üblich. Jedoch stünde der Arbeitsplatz im Büro ansonsten theoretisch auch zur Verfügung, wird aber praktisch durch homeoffice ersetzt.

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anTTraXX
1 year ago

What is a domestic workroom : BFH, 16.10.2002, XI R 89/00, BStBl II 2003, 185

  • a room,
  • the position, function and equipment according to
  • integrated into the domestic sphere
  • but clearly separated from this,
  • mainly for completion [..]

Furthermore, the concept of the domestic working room presupposes that the respective room (almost) is used exclusively for operational/vocational purposes.

Other important features :

  • No working corner
  • No through room
  • A door must be present

By 2023:

  • If the working room is the centre of the activities, the actual costs incurred by the working room can be deducted at an unlimited level.
  • If it is not the centre, but no other job is available, a maximum amount (not cash benefit)of max. 1,250€ of the costs of the study

Since 2023:

  • If the working room is the centre of the activities, it can be a fee of EUR 1,260 for advertising. Cash amount means: no expenditure has to be detected. Alternatively, the (higher) actual costs, which are not included in the work room, can also be deducted at an unlimited level. For months in which the conditions for the deduction of the advertising costs of a domestic work room are not met, the amount of the baggage shall be reduced by one twelfth.
  • If the working room does not represent the center of the entire operation and professional activity, but there is no other job available, there is no deduction of the costs, but it can be taken into account for every day the first place of activity was not visited and the home office was working a flat rate of 6€, this amount is capped at 1,260€.
anTTraXX
1 year ago
Reply to  iQTomTom123

jelly

Your AZ must be the center, that is, the work in the AZ must be the same as in the office.

If your AZ takes up 35% of the living area, you will also have to very precisely justify why the largest space is your AZ and why not the others. In addition, you will probably also have to prove the private use completely negative.

HappyMe1984
1 year ago

The workroom must meet very strict criteria for the correct set-off. For example, it has to be a closed space that is “official” and is also used almost exclusively for work. A maximum of 10% may be for private use.

If all criteria are met, you will have to calculate all costs such as rent, heating and electricity proportionally on the basis of the area of the working room in relation to the total area of the apartment. You can then drop that amount.

If the criteria are not fulfilled (or is it just too complicated), there is also the home office shell! For each day in the HO are the 6 Euro, a maximum of 1260 Euro per year (for 2023 – 2022 slightly different). This ultimately works just like the “Pendlerpauschale” – working days per year minus absences (sickness, holidays etc.) minus days in presence in the workstation = number of days for which you can apply the package. The great thing: for the days in the office you can also set the “Pendlerpauschale” again! The only thing you need to take into account: a single day can only be presence or HO, so not both when you were in the office and in the house in the morning.

By the way, you can deduct costs for work at home as advertising costs in both cases. For example, the office chair, the desk or something. Be careful with everything you use privately! Here you can only claim half of the costs in tax.