Appointment with the construction company, what do we need to ask?

  • Erstellt am 2020-08-16 19:03:33

MP12345

2020-08-17 14:53:51
  • #1


The company built almost the entire settlement.

Which guarantee should I refer to?
 

11ant

2020-08-17 14:56:59
  • #2

Then first of all it shouldn't be so short-winded and secondly, there might have already been some similar cases in the area of the same tax office and if you're lucky, they have already been conclusively resolved.

One that you won't get.
 

MP12345

2020-08-17 14:59:10
  • #3


Since when does one pay VAT on a property in addition to the real estate transfer tax? We go to the notary and conclude a contract for the property.

To my knowledge, after about 4-8 weeks a questionnaire comes from the tax office on the basis of which the real estate transfer tax is then levied. We will not sign a contract for work in advance.

There have already been cases in the settlement where only the properties were purchased.
 

11ant

2020-08-17 15:06:14
  • #4
Whenever the seller and the builder are practically the same person, no matter how split their personality. To my knowledge, that is exactly the trick the tax office has known for a long time. Then of course these are excluded from your comparative consideration. If you hope that this would now be the decisive argument against the tax office: to my knowledge, no – even without mandatory property developer involvement, the factual personal union can also trigger VAT taxation of the land.
 

MP12345

2020-08-17 15:08:00
  • #5
I myself had looked at the imprint of both companies, and my tax advisor also examined the contracts. I thought, in the worst case, real estate transfer tax would apply to both, but no VAT on the property?
 

11ant

2020-08-17 15:31:00
  • #6
I am not a tax advisor, but I think: if land and house are considered as a unit, all applicable taxes apply to the whole (?). If you are lucky, I am wrong about the VAT - but essentially, the warning remains: what the tax office considers a unit is not undone by registering your fiancée in the commercial register of the property company and your brother-in-law in the construction company. If an identical "beneficial owner" is behind it and has influence on the management and/or if it can be derived from multiple similar cases that the split personality is actually one, then the tax trap snaps shut.
 

Similar topics
28.05.2013I am getting a plot of land as a gift. How do I finance the construction?16
03.01.2014How much land and house can we afford?25
01.12.2014Real estate transfer tax / what is the tax applied to? Which developer MUST?30
09.01.2018Trends in property acquisition tax24
23.04.2014Buy land, and build later10
03.11.2014Real estate transfer tax, who is familiar with it?16
26.12.2014No disbursement of funding - Tax office is slow44
17.03.2015Land with construction obligation = + 20% market value!14
24.06.2015Buy property independently?22
13.03.2018Turnkey Construction Land and Prices79
22.03.2016Temporarily lease land26
04.07.2016Purchase of property under a work contract12
12.06.2017The tax office wants to know how we are financing our construction project50
16.02.2017Transfer property / not married33
29.11.2017Timeline of real estate acquisition tax and house construction contract20
30.01.2020Tax office questionnaire for the assessment of real estate transfer tax11
24.06.2020House on parents' property - inheritance problems?161
27.02.2021Prefabricated house including land planned - financing45
18.12.2021Sell house and property to daughter: save real estate transfer tax?16
16.02.20254 years after construction, the office also demands land acquisition tax on the house96

Oben