Kernrechtsfrage
Whether the wife must tax the rental value of the apartment left to her by the separated husband as alimony in kind under § 22(1)(h) StG.
Extrahierter Entscheid
Yes. The transfer of use of the husband’s owned apartment to the wife constitutes alimony in kind; the wife must include the rental value as taxable income.
Extrahierte Begründung
The gratuitous letting of the dwelling in the context of separation is an economically quantifiable maintenance benefit and therefore falls under the provision on alimony in kind.