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Real estate & energy9 min read

PV & real estate in 2026: How entrepreneurs use the new depreciation rules effectively

With the 2026 annual tax act, the legislator has tightened the rules for PV and energy-related refurbishments – while creating attractive elections. Pulling the right levers now unlocks five- to six-figure tax savings per property.

In 2026, a PV system on the roof of an office building isn't just an energy question – it's one of the few remaining tax niches where significant savings can be unlocked in the short term. But the rules have grown complex, and the difference between a good and a very good setup can easily run to €50,000–€150,000 per property.

The 2026 rules at a glance

  • Special depreciation of up to 50% in the year of acquisition for PV systems on rented commercial property (§ 7g EStG, broadened scope).
  • Declining-balance depreciation of up to 6% p.a. on top of the linear 4% – for all residential buildings completed after 31.12.2025.
  • Investment deduction (IAB) of up to 50% of expected acquisition costs – plannable up to three years before purchase.
  • Extended subsidy period for energy-related refurbishments under § 35c EStG until 2030 – with broader subsidy rates.

It sounds complex – and it is. But the levers are so large that the effort almost always pays off. Three typical scenarios from our client base follow.

Scenario 1: Your own warehouse with rooftop PV

One of our clients – a maker of premium furniture – installs a 380 kWp PV system on the roof of their production GmbH. Acquisition cost: €420,000. Self-consumption ratio: 70%, with the rest exported to the grid.

Tax-wise something elegant happens here: through the investment deduction we were able to deduct €210,000 in the previous year (50% of expected cost). In the year of commissioning, the special depreciation kicks in for another €105,000. Linear depreciation then runs over the remaining book values. Effective tax relief in the first two years: around €95,000 at a 30% trade-tax-level burden.

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Scenario 2: Rented residential building with energy refurbishment

A second typical case: a multi-family rental building from the 1970s. The owner switches to a heat pump, insulates the façade and adds a smaller 18 kWp PV system. Total investment: around €280,000.

Tax-wise, several rules interlock here: the refurbishment costs aren't fully deductible in year one, but depreciated linearly at 4% plus up to 6% declining-balance. The PV system is generally treated separately – with the special depreciation option. And § 35c EStG allows for an additional direct tax credit of 20% of the refurbishment costs, spread over three years.

What matters is the order of claims: claiming the § 35c subsidy first prevents you from double-using the same expenses later. For our client, the correctly structured advantage came to roughly €78,000 over ten years.

Scenario 3: PV inside an asset-holding GmbH

It gets interesting when clients with a holding structure plan a larger installation and have to decide whether the PV should run in a separate operating GmbH or directly in the asset-holding GmbH.

  • Asset-holding GmbH: lower effective burden (~15% rather than 30%), but strict requirements – beyond a certain activity threshold the GmbH is re-qualified as commercial. The advantage is lost and new risks appear.
  • Separate operating GmbH: higher ongoing burden, but maximum flexibility for distributing profits to the holding (95% tax-free) and cleanly separated in a sale scenario.
  • Asset-managing partnership: in some configurations the best solution – but only if trade tax doesn't apply and the personal income tax lever bites at the shareholder level.

Which variant is right depends on the system size, self-consumption ratio, the company's other activities and the overall strategy. Three clients – three different answers in the past six months.

Pre-investment checklist

  1. Lock in the legal owner: who owns the property, who buys the PV system, who sells the electricity?
  2. Estimate the self-consumption ratio: above or below 50% determines the tax treatment.
  3. Check the investment deduction: with timely planning, 50% can be deducted upfront.
  4. Combine special and declining-balance depreciation correctly – don't claim the same costs twice.
  5. Run § 35c EStG against AfA when the property is owner-occupied.
  6. Clarify with the house bank: subsidised loans (KfW 270, IBB) reshape the cash-flow story dramatically.
The biggest waste in real-estate taxation isn't the wrong tax rate – it's depreciation left on the table.
Karsten Guhr

Bottom line

PV in 2026 is no longer just an energy topic – it has become a tax-planning playground with significant levers. Those who plan early, pick the right elections and draw clean boundaries get a markedly better result out of the same investment. Those who don't leave a substantial part of the economics on the table.

What depreciation options are available for photovoltaic systems in 2026?
Several rules apply from 2026: special depreciation (Sonder-AfA) of up to 50% in the year of acquisition for PV systems on rented commercial property (§ 7g EStG with a broadened scope), declining-balance depreciation of up to 6% p.a. on top of the linear 4% for residential buildings completed after 31 December 2025, and the investment deduction (Investitionsabzugsbetrag) of up to 50% of the expected acquisition costs. For energy-related refurbishments, the subsidy period under § 35c EStG has been extended until 2030.
What is the investment deduction (Investitionsabzugsbetrag) for PV systems?
The investment deduction (Investitionsabzugsbetrag, IAB) allows you to deduct up to 50% of the expected acquisition costs of a planned PV system as an expense up to three years before the purchase. In the year of commissioning, the special depreciation can be claimed on top, after which linear depreciation runs on the remaining book values. Timely planning is crucial – the IAB only works if claimed before the investment is made.
Why does the self-consumption ratio matter for the tax treatment of PV systems?
Whether the self-consumption ratio is above or below 50% determines the tax treatment of the system. If the PV system mainly serves self-consumption, it does not qualify as a stand-alone business but is allocated to the main property – with consequences for the trade tax apportionment (Gewerbesteuerzerlegung). This question should therefore be settled before the depreciation strategy is locked in.
Should a PV system be operated through a separate GmbH?
It depends on the individual case. An asset-holding GmbH (Vermögensverwaltungs-GmbH) offers a lower tax burden (around 15% instead of 30%), but is re-qualified as commercial beyond a certain activity threshold – losing the advantage. A separate operating GmbH means a higher ongoing burden, but maximum flexibility for distributions to the holding (95% tax-free) and a clean separation in a sale scenario. An asset-managing partnership can also be the best solution in certain configurations – the deciding factors are system size, self-consumption ratio and overall strategy.

About the author

Karsten Guhr · Managing Director & Tax Advisor

Founder of the firm. Advising entrepreneurs and holding structures on tax planning, structuring and succession for 15+ years.

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