Objection to real estate transfer tax

INFO HAUSBAU-FORUM.DE
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Since August 2005, a procedure before the Federal Constitutional Court has been pending, in which the legality of the taxation of owner-occupied residential property is being examined.

Anyone who wants to defend themselves against the real estate transfer tax can consider filing an objection against the next property tax assessment. For this purpose, the DSB district association Dortmund has formulated a template that can be adapted with one’s own data and used.

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Hello,

does anyone have a template for the objection to the real estate transfer tax?

I have read that there is currently an ongoing procedure regarding the calculation of the real estate transfer tax. Now one should precautionarily file an objection in order to possibly get money back in case of a successful lawsuit. It seems that the taxes must still initially be paid in full.

I hope I have understood this correctly and would be very happy about a template for this objection, because I do not want to make a mistake in the wording. Unfortunately, I could not find anything suitable on Google and now hope that someone here has already filed such an objection.

Thank you very much

Best regards

Mellia

Hello,

it is true that a decision has not yet been made, nevertheless it is necessary to file an objection observing a 4-week deadline.
And for that I would like to have a template.

Best regards

Hello, in my opinion, this may possibly be a request for help regarding a specific legal question

- only a member of the legally authorized professions is probably allowed to act here. Anything else could be sanctioned as unauthorized assistance. In my opinion, only general and abstract legal questions may be discussed in forums; what you are asking for seems borderline to me – sorry.

Regards

Hello Allrounder,

this answer must be a joke, right?

There are tons of template letters that cover objections / appeals from various areas, but unfortunately none that concern real estate transfer tax. However, this is certainly not because it is "borderline," but because the topic is quite new. Even template letters for property tax objections can be found on the web.

No one would have had to draft a letter here; a hint, for example to a link, would have been enough for me.

In the meantime, I have formulated and sent my objection. By the way, on a page of a legal forum, also all normal users, no one found my question borderline. Unfortunately, I found this forum, which apparently is still in its infancy, interesting, but I have since realized ... unfortunately not very helpful.

Best regards Mellia ... although anonymity apparently seems to be the priority here.

By the way, various forums proceed exactly according to the rules I have mentioned, so there is no question of a joke. If laypersons provide assistance in tax matters in other forums, so be it. There are precisely these exceptions in which assistance in a specific tax case is permissible:

Tax Advisory Act

§ 6 Exceptions to the prohibition of unauthorized assistance in tax matters

The prohibition of § 5 does not apply to
1.
the preparation of scientifically based expert opinions,
2.
the gratuitous assistance in tax matters for relatives within the meaning of § 15 of the Fiscal Code,
3.
the execution of mechanical tasks in keeping books and records relevant for taxation; this does not include the coding of documents and giving booking instructions,
4.
the booking of current business transactions, the ongoing payroll accounting and the preparation of wage tax returns, insofar as these activities are performed responsibly by persons who, after passing the final examination in a commercial vocational training or after acquiring an equivalent qualification, have been practically active in the field of accounting for at least three years for a minimum of 16 hours per week.

And – what about concrete assistance found in internet forums?

Assistance in tax matters begins as soon as a third party commercially deals with an individual tax case and shows concrete solutions. Merely general tax-related hints do not fall under this. But here you are presenting a concrete legal case and want very specific help exactly for this case!

By the way, "commercially" does not mean that someone becomes a business operator, but only that they act of their own will and are not bound by instructions. This would apply, for example, to me as a purely private writer. It is also completely irrelevant that the assistance is provided free of charge.

I do not know how it works in the forums you mentioned, but unfortunately I see no possibility that does not conflict with § 160 Tax Advisory Act, but luckily you have found smarter people who apparently can circumvent these legal provisions – congratulations!

Regards

Hello,

I did notice that the first post was deleted, I was just not sure who did it and why.
The entire thread will probably be deleted now, although I did not want anything close to tax advice.
Did I express myself so unclearly that this assumption arose?
Here is a link to clarify what it is actually about.