KarstenausNRW
2023-10-27 21:14:06
- #1
You mean with a linked purchase I can reclaim the VAT?
No, definitely not. At least not in your case. This rare possibility exists exclusively with a property developer under special conditions. They have to sell you the land and the house together. This is not the case with you, since the seller and the general contractor are different persons or companies.
And it does not concern you as the buyer; the property developer can opt for this. You have no influence on that yourself.
Sorry, that would be nice, but it’s not possible.
One could also assume that a real estate transfer tax assessment notice from the tax office is binding. The question now is whether the tax assessment for your purchase back then is provisional or to be considered final. After all, there was a certificate of no objection to the notary and the purchase contract was legally executed and thus registered in the land register.
Therefore, the question arises whether the tax office can still change the assessment from back then and thus justify a supplementary claim. No new tax-relevant knowledge has emerged afterwards. The notarized purchase contract was also known to the tax office at that time.
This is simply regulated in the Real Estate Transfer Tax Act. Yes, the tax office is entitled to collect the tax at the conclusion of the measure, since only then is it clear how high it actually is. Before that, no assessment for the house construction can be issued at all.
No matter how you look at it, there are practically no loopholes.