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

  • Erstellt am 2023-10-25 21:54:21

RotorMotor

2023-10-27 19:49:17
  • #1
Had a quick look at the search again. Would recommend going to the tax advisor afterwards. Under certain circumstances, you can reclaim the "MwSt" (correctly: value-added tax). Otherwise, read through § 4 N 9a Umsatzsteuergesetz yourself. Then you might even save something in the end. :cool:
 

Buchsbaum

2023-10-27 20:05:36
  • #2
First of all, I would check the statute of limitations. When exactly did the land purchase take place? When did you receive the tax assessment notice for the land? Which federal state do you live in? I would also try to wriggle out of it. Very, very annoying.
 

drno1234

2023-10-27 20:24:54
  • #3


We have concluded several contracts with the general contractor, which ultimately led to the house we are now living in.


The land was purchased in January 2019.
The assessment for the land tax was in April 2019.
 

drno1234

2023-10-27 20:31:04
  • #4


Wait, do I understand that correctly:
You mean with a bundled purchase, I can reclaim the value-added tax?
 

drno1234

2023-10-27 20:40:28
  • #5
Found this here: iww.de/gstb/archiv/grunderwerbsteuer-umsatzsteuer-erwerb-unbebauter-grundstuecke-mit-anschliessender-bebauung--steuerfallen-vermeiden-f45261#:~:text=Es fällt lediglich Grunderwerbsteuer von,nach den allgemeinen Regeln umsatzsteuerpflichtig.

Does this now mean I can possibly tell the tax office "of course this is a single transaction" and then get 19 percent back for paying 3.5 percent?

On the one hand, I can't believe it, but I actually understand the content under the above link to mean that case 3 probably covers my situation...
 

Buchsbaum

2023-10-27 20:44:36
  • #6
As soon as the buyer receives the tax assessment notice from the tax authorities, he must pay the real estate transfer tax to the state. After notarization of the purchase contract, the tax office is automatically informed. After settling the tax liability, the authority sends a clearance certificate to the notary who notarized the purchase contract. Only then can the entry of the new owner in the land register take place.

One might still assume that an issued real estate transfer tax assessment from the tax office is binding. The question now is whether the tax assessment for your purchase at that time is to be regarded as provisional or final. After all, there was a clearance certificate to the notary, and the purchase contract was thus legally executed and entered in the land register.

In this respect, the question arises whether the tax office can still change the assessment at that time and thus justify a supplementary demand. No new tax-related findings have emerged subsequently. The notarized purchase contract was also known to the tax office at that time.
 

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