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Depreciation

(profit of less than EUR 100,000 in the year are established reserves) to deduct an off-balance-sheet maximum of 40% of the planned capital expenditure (cost of the photovoltaic facility).

This option also exists retroactively for 2008, with the result of reducing income by 40% of acquisition costs of the photovoltaic facility. The capital expenditure deduction will be implemented once and reduces the calculation basis of straight line depreciation. Straight line depreciation is based on the value after offsetting the capital expenditure deduction.

Write-downs

Write downs in line with Article 7g Paragraph 1 of the Income Tax Act allows start-ups to deduct a total of 20% of production costs of the photovoltaic facility in the start-up year and in each of the following 4 years. The distribution of the 20% can be chosen as required in this period and occurs in parallel with straight line depreciation. There is no pro rata annual distribution of the write-down. Thus the full 20% write-down can be totally used, even in December of a particular year.

Conditions for write-down in line with Article 7g of the Income Tax Act:

  • Existing business – (founded by notification to the tax authority)
  • Fixed assets at the end of the business year
    < EUR 204,517 - given as a general rule
  • Assets remain on year in the business - given
  • Facility will used exclusively for operations - given

As a general rule, high depreciation leads to tax losses that can be offset from revenues from other sources of income generated by the operator of the facility.

As a general rule, the facility operator is interested in making depreciation as high as possible at the beginning of the period. For him, this generally means a reduction in tax. One requirement for this is that the operator has taxable income from other sources (for example, wage and salary). The tax reduction is mainly an effect of tax deferral, since a high initial depreciation of leads to correspondingly higher profits during further business operation. For one thing, this form of tax reduction leads to an interest advantage. A further effect of the loss to be accounted for is the reduction of the income tax scale that results in a lower income tax rate for total taxable income in the relevant year.

Factors affecting the choice of the type of depreciation are further development of income and the future tax rate. Sharply increasing income indicates straight line depreciation should be used, while decreases in future income indicate the use of declining balance depreciation. The goal is to shift the profit of the photovoltaic facility resulting from tax in a time-period with a low tax rate (taking advantage of the tax bands).

*All information subject to change