HB-NH2015
2016-06-27 09:30:43
- #1
@lower real estate transfer tax:
Our land purchase price is €31,868.10 and accordingly we have assumed 6% of this as real estate transfer tax in the cost plan --> €1,912
We are building in (Northern) Hesse.
The land price of €31,868.10 consists according to the notary contract of:
a) €3,917.32 = land and soil
b) €7,324.24 = allocable incidental costs
c) €12,830.18 = development contribution for already finished street (building gap)
d) €5,614.40 = one-time wastewater contribution (sewer & treatment plant)
d) €2,181.96 = water contribution for public water supply
In the tax assessment, only a+b (€3,917 + €7,324) as well as a "flat rate cost for house connections of €2,900" were taken as the basis for the 6%.
In total, a basis of €14,141, corresponding to a real estate transfer tax of €848 instead of the planned €1,912.
In some documents from the seller (municipality) we were informed before the purchase that
"the water, wastewater and development contributions contained in the purchase price in accordance with the statute are not subject to real estate transfer tax according to the decree of the Oberfinanzdirektion of 17.11.1994, since in this respect no consideration with already incurred contractual obligations exists."
In response to my inquiry at the municipality I then received the following:
Here you are of course right. Since 2010 or 2011 (please do not take this as fixed) real estate transfer tax is due on the full purchase price. That you were told otherwise was a mistake on our part and is related to the fact that we have overwritten an "older letter". We ask you to excuse this.
Basically, you cannot rely on this before the tax office, since this is a state authority independent of the city.
In general, there is constant "movement" in this matter between the "Oberfinanzdirektion" and the local tax offices. Our current knowledge, however, is that real estate transfer tax is due on the full purchase price.
Possibly this matter has therefore moved again and that is why we were not given the full amount as the taxable basis.
Correspondence with municipality March 2016
Notary contract signed April 2016
Tax assessment June 2016
Of course, I hope that at a later date no second bill will come if they change their mind....
Our land purchase price is €31,868.10 and accordingly we have assumed 6% of this as real estate transfer tax in the cost plan --> €1,912
We are building in (Northern) Hesse.
The land price of €31,868.10 consists according to the notary contract of:
a) €3,917.32 = land and soil
b) €7,324.24 = allocable incidental costs
c) €12,830.18 = development contribution for already finished street (building gap)
d) €5,614.40 = one-time wastewater contribution (sewer & treatment plant)
d) €2,181.96 = water contribution for public water supply
In the tax assessment, only a+b (€3,917 + €7,324) as well as a "flat rate cost for house connections of €2,900" were taken as the basis for the 6%.
In total, a basis of €14,141, corresponding to a real estate transfer tax of €848 instead of the planned €1,912.
In some documents from the seller (municipality) we were informed before the purchase that
"the water, wastewater and development contributions contained in the purchase price in accordance with the statute are not subject to real estate transfer tax according to the decree of the Oberfinanzdirektion of 17.11.1994, since in this respect no consideration with already incurred contractual obligations exists."
In response to my inquiry at the municipality I then received the following:
Here you are of course right. Since 2010 or 2011 (please do not take this as fixed) real estate transfer tax is due on the full purchase price. That you were told otherwise was a mistake on our part and is related to the fact that we have overwritten an "older letter". We ask you to excuse this.
Basically, you cannot rely on this before the tax office, since this is a state authority independent of the city.
In general, there is constant "movement" in this matter between the "Oberfinanzdirektion" and the local tax offices. Our current knowledge, however, is that real estate transfer tax is due on the full purchase price.
Possibly this matter has therefore moved again and that is why we were not given the full amount as the taxable basis.
Correspondence with municipality March 2016
Notary contract signed April 2016
Tax assessment June 2016
Of course, I hope that at a later date no second bill will come if they change their mind....