Speculation tax on leasehold

  • Erstellt am 2020-07-02 11:30:27

RomeoZwo

2020-07-02 13:55:03
  • #1
Google "2.1.1 Drei-Objekt-Grenze bei Veräußerung selbst genutzten Wohneigentums" at Haufe. So it is indeed also in the case of owner-occupancy, unless you can explain "obvious compelling reasons." "Such compelling reasons can be professionally caused local changes, moving to a residence closer to the workplace, greater space requirements due to family growth, separation of spouses or other plausible reasons, e.g. an unforeseen financial emergency."
 

nordanney

2020-07-02 13:55:41
  • #2
Nah, had to give up enough in the divorce. But overall earned a mid six-figure amount... My goal is, when the kids are old enough and no longer come to me, to sell the two-family house and then build smaller again (from equity).
 

saralina87

2020-07-02 13:55:49
  • #3

Yes, also. Or rather, it depends.
You’re not allowed to link anything here anymore, so copied from Haufe:

"In the 3-property limit, owner-occupied residential properties are generally not to be included. Only in particularly exceptional individual cases, namely in the case of only short-term, temporary owner occupancy, can the property be included in the 3-property limit. But even then, the circumstances of the individual case must be examined closely, because even in the case of only short-term owner occupancy (less than 5 years), the property is not to be included if the seller can explain the sale with 'obvious urgent reasons.' Such urgent reasons can be job-related local changes, moving to a dwelling closer to the workplace, greater space requirements due to family growth, separation of spouses, or other plausible reasons, e.g., an unforeseen financial emergency."

In other words: If occupancy is less than five years, then plausible reasons must be demonstrated.
 

nordanney

2020-07-02 13:58:52
  • #4
Quote Haufe: "In the 3-object limit, owner-occupied residential properties are generally not to be included. Only in particularly exceptional individual cases, namely with only short-term, temporary owner-occupation, can the property be included in the 3-object limit. But even then, the circumstances of the individual case must be examined carefully, because even with only short-term owner-occupation (less than 5 years), the property is not to be included if... " ...= obvious factual constraints
 

saralina87

2020-07-02 13:59:57
  • #5
The crucial point is the short-term owner-occupation.
 

nordanney

2020-07-02 14:00:35
  • #6

Who doesn’t have plausible reasons for a move? Bigger house, bigger garden, closer to work, higher recreational value for the children, etc.
 

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