Source: Real Estate Transfer Tax Act
§ 3 General exemptions from taxation The following are exempt from taxation: 1. the acquisition of a property, if the value relevant for the calculation of the tax (§ 8) does not exceed 2,500 euros;
2. the acquisition of real estate by reason of death and real estate gifts between living persons within the meaning of the Inheritance Tax and Gift Tax Act. Gifts subject to a condition are subject to taxation, however, with regard to the value of such conditions that are deductible for gift tax purposes;
3. the acquisition of an estate property by co-heirs for the division of the estate. The surviving spouse or life partner is equivalent to the co-heirs, if he or she has to divide community property with the heirs of the deceased spouse or life partner or when a property belonging to the estate is transferred to him or her in credit of a compensation claim on the increase in value of the deceased spouse or life partner. The spouses or life partners of the co-heirs are also considered equivalent to the co-heirs;
4. the acquisition of real estate by the spouse or life partner of the transferor;
5. the acquisition of real estate by the former spouse of the transferor within the framework of the property settlement after divorce;
5a. the acquisition of real estate by the former life partner of the transferor within the framework of the property settlement after the dissolution of the life partnership;
6. the acquisition of a property by persons related to the transferor in a direct line or whose kinship has been legally extinguished by adoption. Stepchildren are deemed equivalent to descendants. The spouses or life partners of the persons mentioned in sentences 1 and 2 are considered equivalent;
7. the acquisition of a property belonging to joint property by participants in a continued community of property for the division of the joint property. The spouses or life partners of the participants in the continued community of property are considered equivalent;
8. the reacquisition of a property by the trustor upon dissolution of the trust relationship. The prerequisite is that the tax has been paid for the legal transaction by which the trustee obtained the claim to the transfer of the property or ownership of the property. The application of the provision of § 16 paragraph 2 remains unaffected.