Tax Court Hamburg Accepts ImmoWertV Appraisal as Evidence

The Tax Court Hamburg, in its judgment of 1 April 2025, case reference 3 K 60/23, held that an expert appraisal prepared in accordance with the requirements of the Immobilienwertermittlungsverordnung 2021 (ImmoWertV - German Real Estate Valuation Ordinance 2021) may serve as evidence of a shorter actual useful life within the meaning of § 7 Abs. 4 Satz 2 EStG (German Income Tax Act).

What Was Decided

The dispute concerned the recognition of an appraisal on the economic remaining useful life of a let residential flat. The Tax Office had rejected the appraisal on the ground that no structural survey had been carried out. The court did not follow this restrictive interpretation and accepted the expert determination of the remaining useful life under § 4 Abs. 3 ImmoWertV 2021.

In the specific case, the state of modernisation as well as the lettability of the flat were included in the plausibility assessment of the economic remaining useful life. The judgment confirms the line of case law established by the Federal Fiscal Court (BFH) judgment of 28 July 2021 (IX R 25/19) and clarifies that individual flats within a building may each have a different remaining useful life.

Practical Significance

For tax advisers and specialist solicitors, the scope for depreciation planning advice is broadened. A separate structural survey is not strictly required, provided the appraisal submitted gives proper consideration to the relevant determinants of useful life.

A prerequisite remains an appraisal grounded in the specific property, which concretely addresses the state of modernisation, economic usability, location and lettability. A mere mechanical adoption of a model remaining useful life without reference to the individual case is not sufficient.

← Back to News overview