Wunderflats FAQ

Question 1

Does Wunderflats conclude a rental agreement with the tenant?

Accepted Answer

No, Wunderflats is not a contracting party to the rental agreement. The rental agreement is concluded between the landlord and the tenant.      We can take care of the whole process for you and provide you with our verified Wunderflats rental agreement.

Question 2

How does Wunderflats deal with misappropriation law?

Accepted Answer

In order to counteract housing shortages, some cities and municipalities restrict the use of housing for purposes other than residential purposes. For example, renting out apartments to tourists on a daily or weekly basis may require a license. Apartments offered on Wunderflats are not intended for short holidays or stays.      Wunderflats offers apartments for the actual purpose of temporary housing. Together with our landlords/-ladies, we make sure that all legal criteria are fulfilled and that misappropriation criteria are excluded, one example is that our platform requires all-inclusive rents that are payable per month.    We verify the reason for stay of all potential tenants in order to exclude a tenancy for touristic or medical purposes.    We issue a valid fixed-term rental agreement, which is limited for a certain period of time of at least one month.    We ensure through our terms and conditions that every tenant can register in the apartment (Anmeldung) and is allowed to label their letter box and bell.       Please find further information on this topic on our hub.

Question 3

What does DAC7 mean and how does it affect me?

Accepted Answer

Introduction to DAC7  DAC7 is an enhancement to an existing EU directive [Directive 2011/16/EU], which aims at improving tax cooperation across EU nations. Wunderflats, as a German company operating within the EU, has to report specific legal information about the landlords using our platform, along with their property listings, to the German Tax Authorities.     DAC7 applies to all digital platforms facilitating the sale of goods or services, including property rentals. As Wunderflats is such a platform, we fall under its purview.     What Does DAC7 Mean for You?  Under DAC7, as an EU company, we are required to collect and report specific information (please see the following section: Information shared with the EU tax authorities) about our landlords and their rental transactions (see table below in the following section: Information shared with the EU tax authorities). This information will be reported annually to the German Tax Authorities and takes effect from 1. January 2023. This means that if you're a landlord using Wunderflats, your rental income is subject to DAC7 reporting.     This data will then be circulated amongst tax authorities of different EU member states and is designed to streamline tax collection processes. It's anticipated that local tax agencies will utilize this data, possibly to pre-fill sections of your tax returns and ensure accuracy in tax reporting.     Data Security and Legal Obligations   We prioritize the confidentiality and security of the data we collect. Wunderflats adheres to strict data protection policies, ensuring that your personal and transactional information is handled with the utmost care and security.     Wunderflats is committed to full compliance with DAC7 regulations. This means we diligently gather and report the necessary information to meet the requirements set forth by the directive. These regulations are part of our effort to ensure transparency and accountability in digital transactions.     Review your billing details now.     How to submit the necessary information  A step-by-step guide to entering the required tax information can be found here.     Support for Landlords  At Wunderflats, we understand that navigating these new requirements can be challenging. We are here to provide support and guidance to our landlords. Our team is dedicated to assisting you with any questions or concerns regarding DAC7 and its impact on your listings.   Can I update my listings or create new ones before I provide my TAX information?  Can I continue accepting booking requests if I haven’t yet submitted my TAX information for a particular listing?  How do I regain my ability to accept listing requests if my listing is restricted due to missing Tax Information?  What happens to my existing bookings if I don’t provide my Tax Information?      For landlords with listings in multiple countries, the tax requirements under DAC7 are as follows:  Primary Residence in the EU: If your main residence is in an EU member state, you should provide your Tax Identification Number (TIN) for that country.     Property-Specific Information: For each listing, include the land registration details of the property's location.     Managing Listings for Others: If you're managing listings for a property you don't own, it's crucial to use the property owner's tax information. When managing multiple properties on your account, your taxpayer information should be provided for each listing. Additionally, you might be responsible for reporting the property owner’s tax information to the relevant authorities as part of DAC7 compliance.     For Landlords who do not want to share their information  If you choose not to provide the required taxpayer information for your account and listings by the specified deadline, Wunderflats will be compelled to submit any relevant data we already have to the tax authorities. Furthermore, we will be legally obligated to restrict your access to our platform for listing purposes.      Information shared with the EU tax authorities  In adherence to DAC7 requirements, Wunderflats is required to gather and share specific information about advertisers with listings on our platform with the EU tax authorities, namely:     Type of Landlord  Data to be reported  From an individual  - Full name - Primary residence address - Country of residence - Date of birth - VAT identification number, if you have one - Wunderflats service fees - Number of listings, and revenue earned per quarter through Wunderflats for those listings - Financial account identifier(s) of the bank account or other payment services account - Type of property listing, and number of days the property was rented during the reportable period - Name of the bank account holder (if payout was to an account that's not in the advertiser’s name) - Tax Identification Number, from the country of residence, and from each country you have a listing in (per individual advertiser/co-advertiser) - Listing address - Land registration number  From a business  - Business/legal name - Business registered address - VAT identification number, if registered - Wunderflats service fees - Number of listings, and revenue earned per quarter through Wunderflats for those listings - Financial account identifier(s) of the bank account or other payment services account - Type of property listing, and number of days the property was rented during the reportable period - Company registration number / Business registration number - Tax Residence - Tax Identification Number, from the country of residence, and from each country you have a listing in (per individual advertiser/co-advertiser) - Listing address - Land registration number - If the advertiser has listings outside their country of residence, a permanent residence address. - For advertisers with more than 2,000 property rentals, supporting documents or information for verification.     Tax Identification Number  A Tax Identification Number (TIN) is a unique identifier assigned by local tax authorities for tax management purposes. It's known by various names in different countries, such as national number, tax code, or security number. For DAC7 compliance, the focus is on the TIN related to income tax, distinct from VAT numbers used for value-added tax registration. When providing your TIN, ensure it adheres to the format specific to your country. This precise formatting is crucial for the proper management and reporting of tax-related activities under DAC7.     Country  Name of Tax ID  Individual   Business  Austria  - Tax Identification Number  9 digits  9 digits  Belgium  - National Number - Business Identification - NumberBelgian Company Number  11 digits  10 digits  Bulgaria  - Unified Civil Number - Personal Foreigner's Number - Unified Identification Code - Unified Identification Code of BULSTAT  10 digits  9 digits  Croatia  - Personal Identification Number  11 digits  11 digits  Republic of Cyprus  - Tax Identification Code  8 digits + 1 letter  8 digits + 1 letter  Czech Republic  - Personal Identification Number  9 or 10 digits  “CZ” + 8 digits to 10 digits  Denmark  - Central Person Registration Number - CVR Number - SE Number  10 digits  8 digits  Estonia  - Personal Code - Unique Registration Code  11 digits  8 digits  Finland  - Social Security Number - Business Identity Code  6 digits + (+ or - or “A”) + 3 digits + 1 digit or letter  7 digits + “-” + 1 digit  France  - Tax Identification Number - SIREN Business identification Number  13 digits (first digit is always 0, 1, 2, or 3)  9 digits  Germany  - Identification Number - Tax Number - Tax Identification Number  11 digits  10 digits to 13 digits  Greece  - Tax Identification Number  9 digits  9 digits  Hungary  - Tax Identification Number - Tax Number  10 digits  11 digits  Ireland  - Personal Public Service Number - Tax Reference Number - CHY Number  7 digits + 1 letter7 digits + 2 letter  7 digits + 1 letter, 7 digits + 2 letter“CHY” + 1 to 5 digits  Italy  - Fiscal Code - Tax Identification Number  6 letters + 2 digits + 1 letter + 2 digits + 1 letter + 3 digits + 1 letter  11 digits  Latvia  - Personal Identity Number - Tax Identification Number  11 digits  “9000” + 7 digits“4000” + 7 digits“5000” + 7 digits  Lithuania  - Tax Identification Number - Tax Registration Number  10 digits or 11 digits  9 digits or 10 digits  Luxembourg  - National Identification Number - National Identifier  13 digits  11 digits  Malta  - Identity Card Number - Unique Taxpayer Reference Number  7 digits + 1 letter9 digits  9 digits  Netherlands  - Tax Identification Number  9 digits  9 digits  Poland  - Polish Resident Identification Number - Tax Identification Number  10 to 11 digits  10 digits  Portugal  - Tax Identification Number  9 digits  9 digits  Romania  - Tax Identification Number  13 digits  2 digits to 10 digits  Slovakia  - Tax Identification Number - Unique Personal Identification Number  10 digits  10 digits  Slovenia  - SI Tax Number  8 digits  8 digits  Spain  - National Identification Document - Foreigner Identification Document - Tax Identification Number  8 digits + 1 letter“L” + 7 digits + 1 letter“K” + 7 digits + 1 letter“X” + 7 digits + 1 letter“Y” + 7 digits + 1 letter“Z” + 7 digits + 1 letter“M” + 7 digits + 1 letter  1 letter + 8 digits1 letter + 7 digits + 1 letter  Sweden  - Social Security Number - Co-ordination Number - Organization Number  10 digits  10 digits

Question 4

Does Wunderflats offer insurance for my apartment?

Accepted Answer

No, Wunderflats does not automatically offer insurance for landlords/-ladies. In the event of damage, the deposit can be used as compensation for the relevant costs. However, we recommend that you take out liability insurance or household insurance to protect yourself against any damage that might occur. Legal claims for damages apply during a tenancy. To identify any damage that may occur during a rental period, we recommend that you attach an inventory list to the rental agreement and document the condition of the apartment during the handover in a handover protocol.      Here you can download our templates for the handover protocol and the inventory list.

Question 5

Data protection information DAC7

Accepted Answer

Data protection information DAC7   The purpose of this Privacy Notice is to explain the processing of personal data in the context of the obligations of statutory Wunderflats under EU Directive 2021/514 ("DAC7") and your data protection rights in this regard. In Germany, the DAC7 Directive is implemented by the Platform Tax Transparency Act ("PStTG"). In this respect, this Privacy Notii´ce only refers to those processing activities that Wunderflats carries out in order to comply with the requirements of DAC7 or PStTG. Further information on further data processing by Wunderflats can be found in the Privacy Notice.     Purpose, data categories and legal basis  In order to comply with the legal requirements of DAC7/PStTG, it is necessary for Wunderflats to process personal data. As part of our obligations under DAC7/PStTG, we process personal data that has either been collected directly from you or provided by the owner of the user account (e.g. if you own an apartment jointly with a registered user and the latter has provided your account details) or that has arisen in the course of using our platform.  The information processed is in particular the reportable information on the provider in accordance with Section 13 PStTG. A more detailed overview can be found under 'Information shared with the EU tax authorities'.  This processing is carried out in particular for the purpose of checking the legal obligation as to whether and to what extent a reporting obligation exists for the respective provider (see Sections 4, 5 PStTG), to fulfill our due diligence obligations to collect and verify reportable information and identify exempt providers and enforce obligations to cooperate (Sections 16-19, 23 PStTG). In addition, processing is carried out in order to fulfill our reporting obligations in accordance with Section 13 PStTG, to provide the necessary information (Section 22 PStTG) and to create and retain records (Section 24 PStTG).  The legal basis for the processing is its necessity for the fulfillment of legal obligations to which Wunderflats is subject, Art. 6 para. 1 lit. c GDPR.     Receiver  Your data will be forwarded to the responsible tax authority if this is required by law. The mandatory reporting of information subject to reporting requirements is made to the Federal Central Tax Office.  The provision of personal data to providers is required by law and we must collect it (Section 17 PStTG).      Storage duration  The personal data processed on the basis of the obligations arising from the PStTG are generally stored for as long as is necessary to fulfill these obligations. Beyond this, the data will only be stored to the extent that this is necessary for evidence purposes within the statutory limitation periods on the basis of our legitimate interest in the possibility of asserting, exercising or defending legal claims or to fulfill statutory retention obligations. In particular, we are obliged to keep the records to be created in accordance with Section 24 (1) PStTG (in particular on information reported by providers subject to reporting obligations and on information processed as part of due diligence obligations and the enforcement of cooperation obligations) for ten years, Art. 6 (1) lit. c GDPR, Section 24 (3) PStTG.     Your rights  As a data subject, you have the following rights if the relevant legal requirements are met:    Information about the processing of your personal data (Art. 15 GDPR)    Correction of incorrect data (Art. 16 GDPR)    Deletion of your data (Art. 17 GDPR)    Restriction of processing (Art. 18 GDPR)    Right to data portability (Art. 20 GDPR)    Complaint to a supervisory authority (Art. 77 GDPR)    Objection to the processing (Art. 21 GDPR)    Withdrawal of consent once given (Art. 7 GDPR)       Responsible person and contact  The responsible party is the  Wunderflats GmbH ("Wunderflats", "we", "us") Rosenstrasse 16-17 10178 Berlin E-mail: datenschutz@wunderflats.com Phone: + 49 (0) 30 120 862 259     You can use these contact details to contact us if you have any questions about the processing of your data or to exercise your rights.    You can also contact our data protection officer using the above contact details with the addition "Attn: Data Protection Officer". When using the above-mentioned e-mail address, the contents are not exclusively acknowledged by our data protection officer. If you wish to exchange confidential information by e-mail, please contact us directly via this e-mail address first.