Airbnb in Munich

24 posts in this topic

1. Yes

2. Create an airbnb login, make pictures. Post. Read their rules.

3. Ask the apartment owner for permission first.

4. Yes.

 

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i need someone who is doing his taxes in Germany and delcare his revenue with Airbnb... I cant find a lot of information on the net! If you have anything just contact me by message! thanks a lot!

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2 minutes ago, douce_coco said:

i need someone who is doing his taxes in Germany and delcare his revenue with Airbnb... I cant find a lot of information on the net! If you have anything just contact me by message! thanks a lot!

I think Panda's post and link explained everything clearly.

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I can see this man broke plenty of rules - he didn't even own the apartments - cheeky devil. Still, he was a bilingual former city employee who set up shop as a go between offering accommodation to Arabic speaking families who come to Munich for medical treatment (Medizintourismus in the article). It would be interesting to add up how much money he channeled into Munich's economy over the years he offered this service enabling people to arrange for long medical treatments in which they pay out of pocket (!) and bring their whole family along for several weeks. I also find it interesting that Airbnb is always targeted (low key) rather than Mr. Lodge (upscale business people) which my upstairs neighbor uses to short term rent his whole apartment (lawyer). 

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Many of the listings on Mr Lodge were for a minimum of 6 months.  I always thought that was due to the tax implications.  Is it also so people do not get accused of running a vacation apartment?  What's the minimum length of stay that it is "people just moved to the city and need a place to stay while looking for an apartment" vs tourist apartment?

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55 minutes ago, norcal_sf said:

 I always thought that was due to the tax implications.

 

It is, since the cut-off for "kurzfristige Beherbergung" (= short-time accommodation), i.e. hotel-like rentals for which you have to charge 7% VAT, as opposed to "not kurzfristig" which is exempted from VAT, is 6 months, as laid down in §4 Nr. 12 UStG --> A12.16 (1) UStAE --> A4.12.3 (2) UStAE: "nur dann steuerfrei, wenn sie nicht kurzfristig ist, d. h. wenn die tatsächliche Gebrauchsüberlassung mehr als sechs Monate beträgt (vgl. BFH-Urteil vom 13.2.2008, XI R 51/06, BStBl 2009 II S. 63)."

 

The cities then just piggybacked on that definition of "kurzfristig", which is why it's also 6 months for a use to be "zu Wohnzwecken" (which is the way an apartment is supposed to be used) as opposed to "zu gewerblichen Zwecken", i.e. anything less than 6 months would be a Zweckentfremdung and would mean that you're running a hotel-like establishment, which you're not allowed to do without doing a Nutzungsänderung, and would have to charge 7% VAT on the accommodation (if you break the Kleinunternehmer turnover limit of 17,500€ a year): https://www.muenchen.de/rathaus/Stadtverwaltung/Sozialreferat/Wohnungsamt/Zweckentfremdung.html

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In Amsterdam the situation with Airbnb and tourists really got out of hand. Many, many complaints from local residents. Some streets in residential areas were full with tourists all the time. At the end Airbnb negotiated with the municipality that landlords can rent their place up to 60 days per year max via their site. Landlords face 5-digit fines when they break the rules and conditions. Several landlords were already fined amounts between €10- €20k. So, basically the rules and conditions can differ from city to city within the same country.

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Wer in München eine Wohnung illegal untervermietet, soll dafür künftig bis zu 500.000 Euro Bußgeld zahlen müssen. Bislang war Zweckentfremdung nur mit maximal 50.000 Euro bedroht. Zudem sollen Wohnungen nur noch höchstens acht Wochen im Jahr untervermietet werden können.

 

From an article in the AbendZeitung 15.11. My understanding is that an apartment owner/renter may share his/her home (eg using Airbnb) for up to 8 weeks a year.

 

Special permission may be given for periods longer periods, up to a total of 20 weeks in a year. In a separate article there was this quote mentioning special permission for longer periods, not to exceed 20 weeks in a calendar year.

 

Für Wohnungen, die als Haupt- oder Nebenwohnsitz von Mietern oder Eigentümern genutzt und genehmigungsfrei in einem Zeitraum von bis zu acht Wochen für Zwecke der Fremdenbeherbergung verwendet werden, soll eine Ausnahmegenehmigung gefunden werden, soweit die Nutzung für Zwecke der Fremdenbeherbergung bis zu 20 Wochen pro Kalenderjahr nicht überschritten wird.

 

The second section was a proposal, maybe somebody knows the outcome?

 

Der Antrag der Stadtratsfraktion wird in der Vollversammlung am Donnerstag, den 23.11.2017, verhandelt.

 

 

As an apartment owner, I've been an Airbnb host for 4 years, mostly during Oktoberfest and while I'm on holiday. I'd  certainly recommend it as an income supplement!

 

ps  I have declared the income on my Steuererklärung.

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On 11/22/2017, 4:09:37, norcal_sf said:

Many of the listings on Mr Lodge were for a minimum of 6 months.  I always thought that was due to the tax implications.  Is it also so people do not get accused of running a vacation apartment?  What's the minimum length of stay that it is "people just moved to the city and need a place to stay while looking for an apartment" vs tourist apartment?

 

I'm curious about the answer to this as well.  I've received many conflicting responses on how to handle proper registration, ranging from 2 weeks as soon as you step foot in Germany with intent to live there, to 3 months/or once you find a permanent residence.  I've also heard that you cannot pay taxes until you've registered your residence with landlord signed Wohnungsgeberbestätiung (which many AirBnb hosts are averse to, for good reason I suppose, as that gives your guest tenant's rights).  And I am fairly sure you cannot sign a mobile phone contract or acquire a gym membership without a registered residence, leaving folks who have to do this temporary housing limbo ordeal in a bind.

 

It would be nice if there were a less confusing, more organized way to handle temporary or corporate housing as new residents hunt for permanent housing, rather than be at the mercy of Mr. Lodge's overpriced offerings (not to mention the horror stories I've read about spurious fees and legal battles tenants have had to face upon moving out).

 

To be candid, it seems many of the hosts of AirBnb properties in Munich aren't even from Germany.  I'd even venture to guess that some of them are violating their lease agreements with their listings, subletting illegally, etc.

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18 hours ago, GatorInMunich said:

I've received many conflicting responses on how to handle proper registration, ranging from 2 weeks as soon as you step foot in Germany with intent to live there, to 3 months/or once you find a permanent residence. 

 

"2 weeks as soon as you step foot in Germany with intent to live there "

 

This is correct and the Federal Registration Law (BMG) - see extracts in the following linked posts* - specifies examples of actions which may be interpreted post facto as evidence of a prior demonstration of such an intent including, but not limited to, opening  a bank account, applying for or taking up employment, signing utility (gas, water, electricity) or internet contracts.

 

3 months is the maximum period a non-EU/EEA citizen may remain as a tourist or business visitor within the limits of the Schengen area countries without having already applied for a resident's visa and there are definitely no waivers pending finding accommodation.

 

Quote

I've also heard that you cannot pay taxes until you've registered your residence with landlord signed Wohnungsgeberbestätiung (which many AirBnb hosts are averse to, for good reason I suppose, as that gives your guest tenant's rights). 

 

^^This, IMHO, is wrong on both counts.

 

Theoretically, assuming they were otherwise legally qualified, a person could start work and their employer would automatically deduct their estimated witholding taxes from their salary/wages. A month later, the company having statistically registered the presence of the employee with the federal tax and employment agencies and met their other statutory reporting obligations (eg health insurance) the employee's lack of documentation would be exposed and there may be serious consequences ranging from instant termination to a loss of further wages. The Finanzamt might still be happy to take and keep their share though!

 

A Wohnungsgeberbestätiung is soley relevant for registration purposes and cannot be used to grant tenant's rights which depend entirely on the conditions of a lease or rental contract (Mietvertrag). 

 

18 hours ago, GatorInMunich said:

To be candid, it seems many of the hosts of AirBnb properties in Munich aren't even from Germany.  I'd even venture to guess that some of them are violating their lease agreements with their listings, subletting illegally, etc.

 

I agree that these are probably valid points albeit you may have been too kind in ignoring some questions of greed and immorality. I've no doubt there are expats who arrived just a few years ago who, going from my observation, act very selfishly insofar as, having found a larger less expensive flat to buy or rent, they continue to hold their (yesterday's priced) lease on what they now consider too small of a flat in order to sublet it as separate furnished rooms and thereby gain sufficient profit to cover more than any increase in costs applying to their new home/s.

 

About 30 - 40 years ago, real estate agents, politicians and journos in the UK started convincing young aspiring professionals that they urgently needed to get on to a(n imaginary) 'property ladder'. Apparently, in order to increase the equity 'value' of this ladder, it was of essential importance that either it featured rotting rungs or the young aspiring climbers were actively sawing away any safe footings behind them on the way up. :ph34r:

 

*

 

 

 

Good luck with finding somewhere soon, @GatorInMunich

 

2B

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Thank you so much for your reply, @2B_orNot2B.  So from what I understand based on your statement:

 

  • The 2-week clock begins ticking the day I step foot on German soil.
  • I cannot complete city registration without the Wohnungsgeberbestätigung signed by my "landlord" (in this case, it is my AirBnb host since I am in "corporate housing" for the first month considering it is practically impossible to acquire a lease as a new arrival in Munich unless you have very close connections, and even then, would be stupid to sign a lease without taking physically taking a look at the flat).

What happens in the hypothetical scenario where I arrive to my AirBnb and the landlord refuses to sign the Wohnungsgeberbestätigung (or just does not physically show up and leaves the keys with an assistant who is not authorized to sign the form)?  Does that get me in trouble with the city since I likely will not be able to acquire a lease/signed form within 2-weeks?  What recourse do I have here (beyond giving the AirBnb host a scathing review)?

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