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§ 39 Tax Act (StG) - Private Assets

**State Taxes - Taxation of Natural Persons - Income Tax - Determination of Net Income**
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§ 39 Tax Code · Private Assets

1. For movable private assets, costs of management by third parties and foreign withholding taxes that are neither reclaimable nor creditable can be deducted.

2. For real estate in private assets, maintenance costs, costs of renovating newly acquired properties, insurance premiums, and costs of management by third parties can be deducted. Maintenance costs are equated with investments made for energy saving and environmental protection, insofar as they are deductible under direct federal tax, and with demolition costs related to a replacement new build. The deductible investment and demolition costs can be deducted in the two subsequent tax periods to the extent they cannot be fully accounted for in the current tax period in which they are incurred.

3. Also deductible are the costs of conservation work, which the taxable person has carried out due to legal requirements, in agreement with the authorities, or at their instruction, provided that these works are not subsidized.

4. For real estate in private assets, a lump-sum deduction may be claimed in place of actual costs and premiums. The government council regulates this lump-sum deduction.

← § 38 StG Tax Act (StG) - Types of Taxes § 40 StG - General Deductions →

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