Questão jurídica principal
Whether tax deferral for replacement acquisition applies when the former home was rented out before sale and the taxpayer briefly lived elsewhere as a tenant.
Decisão extraída
Yes. Deferral remains available if the sale and replacement purchase are closely connected, the interruption of self-occupation stays within the usual two-year period, and the circumstances show a genuine intention to replace one self-used home with another.
Fundamentação extraída
The court construed StG § 51 Abs. 1 purposively. The privilege is not limited to the textbook sequence of sale followed by purchase; it also covers economically equivalent situations where external circumstances temporarily interrupt self-occupation and cause interim rental, provided abuse is excluded.