Kernrechtsfrage
Whether the renovation and expansion costs of the apartment are deductible maintenance expenses for state and federal tax.
Extrahierter Entscheid
No. The works amounted to a total renovation/economic new build with a substantial change in layout, comfort and living space, so the expenses were value-increasing and not deductible as maintenance.
Extrahierte Begründung
The court applied the distinction between maintenance and value-enhancing expenses under § 39(3) StG and Art. 32(2) DBG. On an objective-technical assessment, the apartment was comprehensively redesigned and modernized; the increase in rooms and living area showed a new configuration rather than mere restoration of prior condition.