Questão jurídica principal
Whether the acquisition qualified as tax-free self-occupied residential property under § 207 Abs. 1 lit. g StG despite mixed commercial use.
Decisão extraída
No. A substantial and regular commercial use, especially a restaurant and cultural operation, excludes the property from the concept of exclusively self-used housing.
Fundamentação extraída
The exemption requires a property acquired as permanently and exclusively self-used residential property. On the objective overall design of the property, the planned regular business operation and the existence of rooms dedicated to that use showed more than subordinate commercial use.