Problem with construction contract before purchase contract?

  • Erstellt am 2022-01-13 15:30:11

tamer.darweesh

2022-01-21 22:45:26
  • #1


Yes, it seems that this is not common for private individuals. The bank insists on receiving all documents first. Since we are not experts, we do not want to make complicated agreements ourselves.



After a conversation with the notary, she suggested writing:
"The buyer has already concluded a construction contract and this is not connected to the seller, and the seller has not made the purchase contract of the land dependent on the conclusion of the construction contract."

Do you believe that the tax office can be convinced in this way that we do not have to pay real estate transfer tax for the construction contract?
 

kati1337

2022-01-22 08:57:54
  • #2

I would leave all of that out of the notary contract. That only wakes sleeping dogs at the tax office.
If you bought the land independently of the construction company, then no real estate transfer tax applies to the construction contract either.
However, for risk reasons, I would also advise against concluding the construction contract before the preliminary building permit is issued. These permits can sometimes turn out very differently than expected. We had that in our circle of acquaintances. And if you have already signed a contract with the construction company beforehand, it can possibly become expensive to get out of it again.
 

Similar topics
03.08.2012Contract Supplement to the Construction Contract by the Developer36
01.12.2014Real estate transfer tax / what is the tax applied to? Which developer MUST?30
26.12.2014No disbursement of funding - Tax office is slow44
05.02.2015Is it possible for the partner to contribute to the real estate transfer tax?11
14.12.2017Property acquisition tax notice for land same contract document21
02.09.2015Construction contract before financing24
24.03.2017Property acquisition tax - Was everything calculated correctly?16
12.06.2017The tax office wants to know how we are financing our construction project50
29.11.2017Timeline of real estate acquisition tax and house construction contract20
10.12.2017New construction contract law starting from 2018. Sign the construction contract after that?14
20.03.2020Construction company halts work despite overpayment718
30.01.2020Tax office questionnaire for the assessment of real estate transfer tax11
13.04.2020"Corona" clause in the construction contract21
30.04.2020Construction company with "land service"43
08.07.2020Retention 5% Security Payment GU Construction Contract18
25.02.2021Coupling business or not?21
27.03.2021Cancellation of construction contract is not confirmed23
06.11.2022Fixed price offer with construction price index adjustment in the construction contract22
16.02.20254 years after construction, the office also demands land acquisition tax on the house96
12.01.2024Construction company insolvent, how to proceed further?34

Oben