Ina Ree­se Tax & Legal Prac­ti­ce – Flens­burg | Harrislee

Inherited family home: tax exemption applies even if you move in later

Inherited family home: tax exemption applies even if you move in later

Anyo­ne wis­hing to take over an inhe­ri­ted fami­ly home tax-free must, as a gene­ral rule, move into the pro­per­ty them­sel­ves within six months. But what hap­pens if, for under­stan­da­ble reasons, the move takes con­sider­a­b­ly lon­ger? In a recent ruling, the Fede­ral Fis­cal Court has cla­ri­fied that a delay­ed move does not neces­s­a­ri­ly inva­li­da­te the tax exemption.

The case: Right of residence and refurbishment are delaying the move-in

In the case in ques­ti­on, a son inhe­ri­ted his par­ents’ house. Howe­ver, the mother still held a right of resi­dence and exer­cis­ed this until June 2022, befo­re moving into a care home. Exten­si­ve reno­va­ti­on work then took place. The heir did not actual­ly move in until the end of 2023, i.e. almost two years after the inhe­ri­tance took effect.

Nevert­hel­ess, the Lower Sax­o­ny Finan­ce Court reco­g­nis­ed the tax exemp­ti­on. The Fede­ral Finan­ce Court upheld this decis­i­on by dis­miss­ing the tax office’s appeal (BFH, ruling of 27 May 2026, ref. II B 41/25).

What really matters

The cru­cial point is not the actu­al move-in, but the decis­i­on to occu­py the pro­per­ty ones­elf. This decis­i­on must be made within six months, cal­cu­la­ted from the date on which the heir is legal­ly able to move into the pro­per­ty. As long as a third party’s right of resi­dence pre­vents the pro­per­ty from being used, the time limit does not yet begin to run.

In the case descri­bed, the decis­i­on to use the pro­per­ty was sup­port­ed by seve­ral fac­tors: the heir and his wife had alre­a­dy made cont­act with an ener­gy advi­ser and trade­speo­p­le in April 2022, that is, befo­re his mother moved into the care home. The­se cont­acts with trade­speo­p­le ser­ved as con­cre­te evi­dence of a genui­ne inten­ti­on to use the property.

Practical implications for heirs

For anyo­ne who wis­hes to live in an inhe­ri­ted fami­ly home them­sel­ves, this tea­ches an important lesson:

  • The decis­i­on on the use of the pro­per­ty must be docu­men­ted within the spe­ci­fied time limit, for exam­p­le through quo­tes from trade­speo­p­le, ener­gy assess­ments or writ­ten plans.
  • If moving in is delay­ed by objec­ti­ve obs­ta­cles, such as an exis­ting right of resi­dence or neces­sa­ry reno­va­ti­on work, this does not auto­ma­ti­cal­ly affect the tax exemption.
  • It is important that the delay is due to cir­cum­s­tances rela­ting to the pro­per­ty its­elf and is not the result of per­so­nal decis­i­ons made by the heir.

One ques­ti­on, howe­ver, remains unans­we­red: the Fede­ral Fis­cal Court (BFH) has not yet ruled defi­ni­tively on whe­ther an exis­ting right of resi­dence gene­ral­ly post­po­nes the start of the time limit. In this spe­ci­fic case, the mother had alre­a­dy moved out befo­re the six-month peri­od had expi­red, which is why it was not neces­sa­ry to pro­vi­de a defi­ni­ti­ve ans­wer to this ques­ti­on. The legal posi­ti­on the­r­e­fo­re remains some­what unclear.

Tax exemption can be substantial

The inhe­ri­tance tax exemp­ti­on for the fami­ly home can amount to a con­sidera­ble sum, depen­ding on the value of the pro­per­ty. The total value of the owner-occu­p­ied home remains tax-free if the heir desi­gna­tes the pro­per­ty for their own use wit­hout undue delay and lives the­re for at least ten years.

Anyo­ne fin­ding them­sel­ves in a simi­lar situa­ti­on should docu­ment their decis­i­on regar­ding use at an ear­ly stage and in detail. In indi­vi­du­al cases, it is advi­sa­ble to seek tax advice, as the exact requi­re­ments depend hea­vi­ly on the spe­ci­fic circumstances.

This post and the accom­pany­ing image were crea­ted with the help of AI and have been edi­to­ri­al­ly reviewed.

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