Pre-made purchase contract - special services?

  • Erstellt am 2018-11-22 11:36:00

Caspar2020

2018-11-23 08:55:45
  • #1


The problem here is that there are indeed tax authorities that query subsequent special requests from project developers; but you have already paid VAT on these, and the tax authority would like to still collect the proportional real estate transfer tax (especially if these were invoiced by the project developer themselves).

No, it's not fraud; just tax evasion.

2) Consideration also includes


    [*]1.
    Services that the purchaser of the property grants to the seller in addition to the consideration agreed upon in the acquisition process;


And in the end you pay twice; since VAT and real estate transfer tax were then due.
 

montessalet

2018-11-23 09:38:51
  • #2


No, it's not. The question is only on what the tax office's calculation is based: If it's on the purchase contract (without the additions in the specification), then that's obviously good. But what if the tax office wants to see the invoice or raises a reservation? I don't know the procedure. And it probably isn't handled exactly the same everywhere.
 

Mottenhausen

2018-11-23 09:52:12
  • #3
We have now fortunately been able to buy a property free of developers, but beforehand we also viewed many such properties. It was always said, "this is a separate transaction, you do not have to 'officially' build with company xyz, contracts are then spaced far enough apart in time."
 

montessalet

2018-11-23 09:59:12
  • #4


Well: Ultimately, the tax office will judge that. The application of the law tends more towards "it's actually a linked transaction." Even some adventurous company structures don't help there. The tax office isn’t stupid either. And the seller can say a lot..... he’s not the one who pays the bill.

The easiest thing, of course, is simply to buy a plot – without any obligations.
 

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