Kernrechtsfrage
Whether the taxpayer had to declare the imputed rental value for the house in 2011 despite not living there.
Extrahierter Entscheid
The imputed rental value remained taxable to the taxpayer for the whole year 2011.
Extrahierte Begründung
Under tax law, the imputed rental value is taxed to the owner or the person with an unentgeltliches Nutzungsrecht. No registered right of habitation existed; the claimed factual habitation right is not recognized. The 2005 use and management agreement explicitly allocated the entire imputed rental value to the taxpayer while allowing him all deductions, and this arrangement was not altered retroactively or for the period after the later transfer to sole ownership.