Question juridique clé
Whether the entire gain from the sale of a self-occupied home with large surrounding land qualifies for replacement-property tax deferral under § 51 StG.
Solution extraite
Yes. The whole gain may be deferred if the entire property was actually and continuously self-occupied and no part was used long-term by third parties.
Motifs extraits
The statutory notion of 'self-occupied home' is not limited by a fixed property size. The distinction between 'normal' and 'excessive' curtilage has no legal basis. Only parts used by third parties for a longer period may be excluded. Here the whole parcel had been used as the family home and was also treated as such for imputed-rent taxation.