Taxes on rental contracts (Mietverträge)

Taxes on Rental Contracts (Mietverträge) in Germany
(Taxation of Rental Income in Germany)

1. Who is required to pay tax on rental income?

Anyone who:

  • rents out a property (apartment, house, office, etc.) located in Germany, and

  • receives rental income (Mieteinnahmen)

→ is obliged to file an annual tax return and pay income tax on the profits generated from renting out the property.


How is tax on rental income calculated?

Tax is not charged on the full amount of the rent, but only on the profit.

Basic formula:

Taxable profit = total annual rental income – deductible expenses


Which expenses can be deducted from rental income?

Type of expense – Deductible? – Examples

  • Interest on the property loanYes
    Zinsen für Immobilienkredit (interest on the mortgage/property loan)

  • Maintenance and repair costs (Erhaltungsaufwand)Yes
    – window repairs, painting, electrical work, general maintenance

  • Property management fees / administration costsYes
    – fees for a Hausverwaltung or professional management company

  • Property tax (Grundsteuer)Yes
    – paid annually to the municipality / city

  • Tax advisor or accountant feesYes
    – if they relate to the rental property

  • Building insurance (Wohngebäudeversicherung)Yes
    – e.g. fire, water damage, storm, glass damage, etc.

  • Advertising costs to find tenantsYes
    – advertisements on portals such as ImmobilienScout24, newspaper ads, online listings

  • Depreciation of the building (Abschreibung – AfA)Yes
    – generally 2% per year of the building value (excluding land)


Where is this income declared in the tax return?

Rental income is reported in Anlage V (Vermietung und Verpachtung) as part of the annual income tax return (Einkommensteuererklärung).


When is no tax due on rental income?

In practice, no tax may be due if:

  • the total of
    profits from rental activities + other income
    does not exceed the annual basic tax-free allowance,
    e.g. in 2024: 11,604 € per person,

  • or if you rent to relatives at a reduced rent below the market level,
    subject to specific conditions set out in tax law.

Note:
If you rent out a property free of charge or for a purely symbolic amount, this can lead to restrictions on the deductibility of expenses, because the tax office may argue that there is no real intention to generate income.


Does the tenant pay any tax?

  • No – the tenant does not pay any tax directly on the rent.

  • The tenant only pays:

    • the agreed rent, and

    • the ancillary costs (Nebenkosten) according to the rental contract.

The tax obligation lies with the landlord, not with the tenant.


Do the taxes differ if you rent out through a company?

Yes. If the property is rented out via a company rather than as a private individual, different types of tax apply:

Legal form – Applicable tax

  • Individual (Privatperson)
    Income tax (Einkommensteuer) on rental income

  • Company (e.g. GmbH or UG)
    Corporate income tax (Körperschaftsteuer)
    → plus trade tax (Gewerbesteuer)

→ Depending on the structure and tax planning, there may be potential tax advantages when using a company, which should be assessed with a professional tax advisor.


Useful terms

  • Mieteinnahmen – rental income

  • Werbungskosten – deductible expenses related to generating rental income

  • Anlage V – rental income schedule within the German income tax return

  • Grundsteuer – annual property tax

  • Abschreibung (AfA) – depreciation of the building

  • Vermietung & Verpachtung – rental and leasing (category of income from renting and leasing)


Summary

  • Anyone who receives rental income is required to declare it in their annual tax return.

  • Tax is levied only on net profit, after deductible costs have been subtracted from rental income.

  • A wide range of expenses (loan interest, maintenance, insurance, administration, advertising, depreciation) can be deducted.

  • The tenant does not pay any tax directly – they only pay rent and ancillary costs.

  • Renting to relatives at reduced rates is subject to special tax rules, which can affect the deductibility of expenses.

The editorial team of the website strives to provide accurate information based on thorough research and multiple sources. Nevertheless, errors may occur or certain details may be uncertain or incomplete.
Therefore, the information in this article should be regarded as an initial reference only. For binding and definitive guidance, you should always consult the competent authorities or a qualified tax advisor.


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