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

  • Erstellt am 2023-10-25 21:54:21

11ant

2023-10-27 17:37:46
  • #1
You could have suggested to the seller to engage you in planning with a planner of his choice. That would have fully satisfied his purpose of avoiding construction with a lone wolf and prevented the tax trap for you. Or before signing the contract, you could have asked the tax office as a yes/no question to Radio Yerevan (it is not allowed to advise, but it is obliged to provide information) how it assesses the specific case constellation. A third way would have been to make a deal with the general contractor that he refuses to contract with you, and then be able to build with another contractor. That too would ultimately have broken the tying. Now you can only complain, but "mimimi" is not a tax law argument.
 

hanghaus2023

2023-10-27 18:40:12
  • #2
Your lawyer, who has thoroughly reviewed the contract, doesn’t say anything about that?
 

drno1234

2023-10-27 18:57:09
  • #3
So the situation does not look good for me, I have now understood that. Thanks first of all for your input on this matter.

What I do not understand now: on which amounts would the real estate transfer tax be applied:
- All services of the general contractor up to move-in?
- All services of the general contractor until today? (Example: this year - and thus 4 years after move-in - I asked the general contractor to install an electrical line).
- All future services of the general contractor? Because I would like to convert the attic next year.
- On the VAT I have paid as well, or only on the net amount?
 

schubert79

2023-10-27 19:06:21
  • #4
The question is, why did the tax office wait 4 years, until shortly before the statute of limitations… it could well be that the tax office is trying it once with the full tax. I would have a letter drafted to the tax office as part of an initial consultation with the lawyer.
 

KarstenausNRW

2023-10-27 19:21:32
  • #5
You have a general contractor and yet a general contractor contract, right? Does it not state a construction sum for the creation of a portion of the house (of course gross, sorry)? I would state at most this amount, the tax office will probably also want to see the general contractor contract.
 

LisaO

2023-10-27 19:22:36
  • #6
If I wanted to file an objection, I would contact a tax advisor and not a lawyer.
 

Similar topics
16.06.2011Conclude a construction contract under reservation?10
13.09.2012Feeling pressured into a contract, is that normal?17
29.09.2011Is construction pre-planning without signature / contract legally valid?12
22.09.2012Who else fell for a contract with a reservation clause? - Search13
16.05.2015Contract unclear: humus earth collectors10
23.08.2015Construction financing with a fixed-term contract13
04.07.2016Building without a contract - Concerns?39
10.09.2016Construction financing and contract with the developer24
28.09.2016Question about early repayment and clause in the contract41
28.05.2017Plundering the Riester contract - for less need for credit?16
16.08.2018Civil engineering works without a contract - normal, experiences?10
04.01.2022Architect, contract according to HOAI 2013 - refuses to provide service36
06.06.2019Completion date in General Contractor Agreement - Wording assistance62
05.08.2020Contract for land purchase - obligation to build within 2.5 years18
11.11.2020Cancellation of a contract with a plumbing company24
09.05.2021Price adjustment clause in the contract with the general contractor18
30.03.2022Terminate the contract with the general contractor "early"22
27.01.2024House purchase through agent, now contract terminated18

Oben