Kernrechtsfrage
Whether the 2005 tax period allowed retroactive transfer of the practice-related building installations from business assets to private assets and taxation of reinstated depreciation.
Extrahierter Entscheid
No. The installations were always part of the mixed-use property, and the property had always belonged to private assets under the predominance method; therefore there could be no later transfer to private assets and no taxation of reinstated depreciation.
Extrahierte Begründung
The items were not separate business assets but part of the property. Since the property was already private in legal terms, the authority could not treat 2005 as a transfer event or tax the earlier depreciation again.