Renting a studio: Landlord contract and tax tips

Questioner

As a homeowner I want to rent a studio (basement within our own home). We have a shared entrance and hall, facilities (such as kitchen, shower, toilet are private, so not shared), Can I still conclude a hospita contract, where I can cancel the rent without reason for the first 9 months? If I enter into a normal rental agreement, I can only terminate the rental agreement on the basis of a legally established reason (e.g. personal needs, renovation). In this case, the reason that I want to remain below the amount for room rental exemption does not apply? Tax-wise I still have this question: if I exceed the amount of the room rental exemption, does the amount of the rent play a further role? As I have understood it so far, the percentage of rented living space plays a role for tax purposes.

Lawyer

It is possible that there is simply a case of hospita rental because you live in the main residence yourself. For the right to mortgage interest deduction, the exemption is particularly important. In addition, you must declare the income in box 1.

Questioner

Thank you for your response. But I think I don't quite understand, or are you mistaken? Income in box 1 is taxed anyway - in my case with 42% (3rd bracket) - so I pay 2520 euros in taxes out of the 6000 euros rent???? Then I can better take a ridiculously low rent, namely 1100 euros less and I stay within the exemption limit. If I understood the official correctly via the tax telephone, I have to declare the percentage of living space of the rented room above the exemption limit for rental income (basic rent including service costs), for example 15%, then 15% of the WOZ value of our house is seen as capital and taxed at 1.2%, at 350,000 WOZ value that is 630 euros in wealth tax. Moreover, I can no longer fully deduct the mortgage interest, namely 15% less again, at 4000 euros in mortgage interest that is 600 euros less and 42% (3rd bracket) of 600 euros is 252 euros that I have to pay more in taxes. So here I have already lost 630 + 252 = 882 euros of that 6000 euros rent, I would like to save that on the rent if I am not punished for it again in box 1, and even then the rent is relatively low.

Lawyer

What the official says is correct, the room rental exemption is also a rule that is actually in the world to rent small non-independent rooms to students, for example. Renting out a small room is in reasonable proportion to the income that is tax-free up to the border. You can read more about it here .http://www.belastingdienst.nl/wps/wcm/connect/bldcontentnl/belastingdienst/prive/woning/eigen_woning/u_hebt_een_woning/verhuur_deel_eigen_woning_kamerverhuurvrijstelling

Questioner

I don't understand what your answer has to do with my reaction/question??? was I so unclear? My question is: I can't be taxed twice, can I? One or the other? 1.e in box 1 income 2nd wealth tax plus reduced mortgage interest deduction.

Lawyer

No, that is correct where you read in answer 1 box 1 should be box 3, renting above the rental exemption is therefore less attractive. At least for the ozb part that you rent out you cannot deduct interest in box 1 and the rental income falls in 3, I think after deduction of costs such as interest.