Questão jurídica principal
Whether the acquired property qualified as dauernd und ausschliesslich selbst genutztes Wohneigentum under § 207 Abs. 1 lit. g StG.
Decisão extraída
Yes. The property was objectively designed for self-use as a residence; the office tract was only subordinate and did not defeat exclusivity.
Fundamentação extraída
For mixed use, residential property remains qualifying if the rental value of the private rooms exceeds the market rental value of the business rooms. The decisive factor is the overall conception of the property, not any theoretical possibility of third-party rental. Here the office tract was integrated by connection doors, lacked full sanitary facilities, and was suited to use by the residents rather than independent rental.