Bavarian municipalities have the option of introducing a second home tax. Whether a municipality makes use of the option to levy a second home tax is at its discretion. In doing so, it will have to weigh up the conflicting interests, i.e. in particular the municipal interest in generating appropriate revenue and the interest of the second home owners concerned.
According to the case law of the Federal Constitutional Court, second homes of married persons who are not permanently separated are exempt from the second home tax under certain conditions. Due to the special protection of marriage and family, municipalities are permitted to grant this group of people certain additional benefits. Details are regulated by the respective municipal statutes.
Second home owners whose positive income did not exceed EUR 29,000 in the penultimate year before the tax liability arose, or EUR 37,000 in the case of married couples and civil partners, can be exempted from the second home tax on application.
An "information sheet" focusing on the correct calculation of income has been published (see "Further links").
