Immobilien im Zivil- und Steuerrecht

When structuring real estate transactions, notaries, tax advisors, lawyers and auditors are faced with the problem of having to include both civil law aspects and the associated far-reaching tax law consequences in their advice &ndash, even if their advisory focus is only in one of the two areas. This handbook offers help in this regard by explaining all practice-relevant questions of the mutual interlocking of civil law and tax law aspects in a coherent manner and by providing suitable solutions.

Drafting suggestions from more than 80 sample contracts can be quickly put into practice, and checklists provide security (also available online).

This is new in the 4th edition:

• Additional, newly designed sample contracts and checklists, e.g. for the contract for the purchase of a building, permanent right of residence and right of use, condominium law, heritable building rights and for property management/commercially audited partnerships.

• Current tax and civil case law, inter alia, on acquisition-related production costs, on contractual purchase price allocation, on forced administration of real estate, on the quota share in the partnership share, on heritable building rights and building contractor agreements.

• New developments in legislation and administrative practice, e.g. Real Estate Tax Reform Act (GrStRefG), Inheritance Tax Guidelines (ErbStR) 2019, decrees on indirect changes to the shareholder structure of a real estate (partnership) company within the meaning of &sect, 1 para. 3 GrEStG, BMF letter on questions of doubt regarding &sect, 6 para. 3 EStG.

• Outlook on the effects of the partnership reform for the real estate industry as well as on planned changes in valuation law, real estate tax and special depreciation.

As in the previous editions, the work addresses the typical challenges surrounding real estate in a practical manner, e.g.:

• Fiscally favourable structuring of the acquisition

• Tax-optimised transfer, e.g. to the next generation or from business to private assets

• Contractual changes in the case of letting and leasing

• Risk of taxation as a commercial real estate trader

The authors are notaries, judges at the Federal Fiscal Court, lawyers, tax consultants and auditors, so that all professions involved in the subject matter are addressed.