Questão jurídica principal
Whether the acquisition of a mixed-use property qualifies as tax-free transfer of permanently and exclusively self-used residential property.
Decisão extraída
No. The exemption applies only if the acquired property as a whole is permanently and exclusively self-used as housing; a mixed-use property with a separable business part does not qualify.
Fundamentação extraída
The court held that § 207 Abs. 1 lit. g StG must be interpreted systemically and teleologically. The provision targets the whole property, not merely a residential component. Because the property contained an independent business section that could be leased or used separately, exclusivity was lacking.