4 years after construction, the office also demands land acquisition tax on the house

  • Erstellt am 2023-10-25 21:54:21

jrth2151

2023-10-27 13:29:49
  • #1
You won't be able to do anything about that. The crux of the matter is as follows:


You practically acquired both together and the plan existed from the very beginning. There could have been no plot without a semi-detached house, even the general contractor was already fixed, so you acquired both together. If that were not stated in the land purchase contract, one might still argue against it, but as it stands, you can no longer do anything about it.
It was very similar for us. We specifically concluded the construction contract and the land purchase contract separately, but in the very first exposé, both were addressed together. Thus, there was a connection for the tax office and we had to pay for everything.

Now one could of course blame the tax office again, but you know such things beforehand. The information is only a Google search away. Others have already listed the laws on this here.
 

RotorMotor

2023-10-27 16:04:52
  • #2
Just a question about that: You signed a notarial contract to commission a company to build a house, without having any prior contract/binding plan with them?

Even I can't believe that. How is the tax office supposed to believe that someone would do something like that?
The construction company could have completely taken advantage of you.

But the situation is already sufficiently explained: you had notarized that you are buying a plot of land and building a semi-detached house with a specified company.
And thereby entered into a tied transaction.
([No legal advice])
 

WilderSueden

2023-10-27 16:21:14
  • #3

I can believe that. The seller of the half-property certainly got a small discount for imposing his general contractor on the other semi-detached house as well. It doesn't hurt him anyway ;)
 

drno1234

2023-10-27 16:23:52
  • #4


That was actually the case and was due to timing, as my neighbor wanted to start construction promptly.
My planning including the price was only finalized weeks after the land purchase.
Therefore, my case is somewhat different from the others mentioned.

Yes, the general contractor could have ripped me off. But he didn’t.

I find it quite extreme to see this as a tied deal now and wouldn’t have expected that.
At this level, one might assume that every land purchase is a tied deal, since the builder is usually never really free (due to zoning plans or compulsory building after x years).
 

RotorMotor

2023-10-27 16:35:19
  • #5

You were lucky there!


Why is that?
You actually only wanted a plot of land and already had to buy a semi-detached house from a general contractor in the notary contract.
Just because you were so “naive” not to define the details beforehand doesn’t change that fact.


It’s quite different whether a zoning plan requires me to build a gabled roof or if a contract states that I have to build with company X. ;)

The crucial question for the tying is: Could you have built with another general contractor?
And you already wrote the answer.
 

KarstenausNRW

2023-10-27 16:45:19
  • #6

The development plan gives you complete freedom to choose your building partner when concluding the purchase contract. The building obligation does as well. These are urban development instruments.

Maybe you just haven’t understood the tied deal yet. It means that when concluding the purchase contract, you are not free to choose your building partner. It has nothing to do with how you build, how expensive it will be, or when you build. It simply means that you buy the land with a building by partner XY. And that is also the basis according to the Real Estate Transfer Tax Act.
“If the acquisition process extends to a building yet to be constructed... the value of the land, deviating from § 157 paragraph 1 sentence 1 of the Valuation Act, is determined according to the actual circumstances at the time of completion of the building.”
==> Yes, you bought a plot of land with a house still to be built. That is what your contract says. Buy the land on the condition of building a semi-detached house with partner XY.
==> Yes, the real estate transfer tax is then based on the finished complete package land + house. But that is only determined at the very end – as in your case. If you sell the land beforehand, then “at the very end” means only the land purchase is taxable.

Could you have bought the land if you had not wanted to build with partner XY? That is the only question that matters. That has nothing to do with it being extreme.
 

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