Questão jurídica principal
Whether a 1994 advance payment for property maintenance is deductible in the 1996 tax assessment when the final invoice was issued in 1995.
Decisão extraída
Only amounts invoiced in the relevant assessment period are deductible; pure advance payments not yet invoiced are not. Because the disputed payment was merely an advance and no partial-work invoice existed, the full contractor charge had to be allowed in deduction.
Fundamentação extraída
Under StG § 39 Abs. 3 and StVO Nr. 16 § 8, deductible maintenance costs are those invoiced in the assessment period. The court reaffirmed its case law that payment date is irrelevant unless the work is performed in parts and interim invoices are issued. Here there was only a non-billed advance payment, so the cost became deductible only when the final invoice was rendered.