Gift of a house with some question marks

  • Erstellt am 2023-03-03 16:19:35

KarstenausNRW

2023-03-13 10:47:16
  • #1
This is the legal requirement to which the tax office is bound in the case of gift/inheritance. If, for whatever reason, one wants to deviate from this in the case of undeveloped plots, you already need a watertight valuation. So no, the tax office must always make a flat-rate consideration. They don't care less about individual cases. You have to push through the lower value (in court) if necessary.
 

Musketier

2023-03-13 14:56:00
  • #2
As part of the determination of the property tax value, I found the following:



However, the property tax refers to a different part of the Valuation Act than inheritance and gift tax.
 

Grundaus

2023-03-13 15:36:23
  • #3
You of course cannot take the standard land value from the property where the two-family house is located, but from the nearest meadow / field. If the standard land value is based on properties that are built on or can be built on, then the value does not apply to your property that cannot or may not be built on. How is the two-family house used? If rented out in whole or in part, I would definitely buy it, then you can write off something at the tax office and the costs at the notary are the same. Your mother can give you the money back as a gift. Usufruct and right of residence reduce the value by the rent multiplied by the statistical life expectancy.
 

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