Key legal question
Whether maintenance costs incurred before the contractual transfer of benefits and risks were deductible for tax purposes.
Extracted holding
Only costs incurred from the date benefits and risks actually passed under the sale contract were deductible; earlier costs were not.
Extracted reasoning
For property in private assets, maintenance deductions require a temporal nexus with the taxable ownership/economic enjoyment period. The sale contract expressly fixed the transfer of benefits and risks for November 2014. The later addendum regulated only possession for renovation works and did not alter the expressly agreed risk transfer.