Background
Airbnb and similar portals for accommodations are indispensable for many travellers. But such portals have also become indispensable for the landlords of vacation homes and apartments or apartments. In popular metropolises private dwellings long stand to vacation homes "rededicated" in competition to hotels and are rented all year round at tourists. This is often more lucrative for the landlords than a long-term rental for residential purposes. However, some landlords have apparently concealed the income generated from this to the tax office.
Tax investigation receives control data
In a press release dated on September 2nd 2020, the tax authorities of the Free and Hanseatic City of Hamburg announced that, in the context of a request for information lasting several years, a "globally operating brokerage portal for booking and arranging accommodation" had been obliged to release the tax-relevant data for German landlords who have rented out their residential space via this Internet platform. According to hearing it concerns with this portal Airbnb. The Hamburg tax authorities will now share this data with the authorities of the other federal states and the Federal Central Tax Office. The data will then be evaluated by the local tax investigation authorities.
Rental income is taxable
Whoever - in accordance with the original purpose of Airbnb - temporarily rents out all or part of his owner-occupied apartment, does not have to tax the income generated from it for reasons of simplification if it does not exceed 520 € per year. Beyond that as well as with a full-year letting without partial self use the incomes from the letting are however fully liable to income tax. In return advertising expenses (proportional rent, depreciation, additional expenses etc.) can be deducted from the income.
Self-disclosure possible?
Anyone who conceals tax-relevant income in their tax return is liable to prosecution for tax evasion. Due to the control data of Airbnb, this tax evasion can now be discovered by the tax investigation authorities. It can also be assumed that corresponding group information requests are also being made or are now being initiated against other intermediary portals.
Whoever now fears a discovery can, under certain conditions, file a voluntary report and obtain immunity from prosecution. However, such a self-denunciation is no longer possible with an exonerating effect if the offence has already been discovered and the offender knew this or had to expect to be discovered. This must be examined in each individual case. In any case, however, haste is required. If the tax office initiates proceedings, the possibility of a voluntary disclosure is forfeited in any case.
Our experts will be happy to assist you with any questions you may have in this regard.