Haus_2020
2021-02-24 10:28:14
- #1
Hello everyone,
we are about to purchase a plot of land and I would like to clarify in advance whether problems arising from a tied transaction could affect us. The following situation:
My question now is whether the tax office has reason to assume a tied transaction and that we would accordingly have to pay real estate transfer tax on the house?
Purely based on the facts, I would say no, since the purchase contract is concluded between the owner and us. However, the construction company is already involved in many matters (at least in an advisory capacity).
Does it make sense to clearly state in the purchase contract that the land is sold without developer ties or is this unnecessary in this case or possibly even stirs up a “hornet’s nest”?
I would really appreciate your assessment.
Best regards
we are about to purchase a plot of land and I would like to clarify in advance whether problems arising from a tied transaction could affect us. The following situation:
[*]a private landowner in our desired location wants to divide his land and sell a part of it
[*]The owner wants a quick and successful development on the divided piece as soon as possible. Therefore, he contacts construction company X and asks if they are interested in a project on this land or know appropriate buyers.
[*]We are registered with construction company X in case plots become available in our desired location
-> construction company X contacts us
[*]Currently we are planning a house together with construction company X on the said land and would also like to build with this company later. The construction company is therefore already taking care of many things and gathering information for us in order to provide more cost transparency for the project (extent of earthworks, development, zoning plan, etc.)
[*]At the same time, we now want to take care of the purchase contract for the land -> The contract will be concluded between the private landowner and us.
My question now is whether the tax office has reason to assume a tied transaction and that we would accordingly have to pay real estate transfer tax on the house?
Purely based on the facts, I would say no, since the purchase contract is concluded between the owner and us. However, the construction company is already involved in many matters (at least in an advisory capacity).
Does it make sense to clearly state in the purchase contract that the land is sold without developer ties or is this unnecessary in this case or possibly even stirs up a “hornet’s nest”?
I would really appreciate your assessment.
Best regards