Online message – Tuesday 20/06/2023
Legislation | Effects of the MoPeG on real estate transfer tax or inheritance and gift tax law (hib)
The Federal Government does not yet have a unified opinion on the extent to which the Law on the Modernization of Partnerships (MoPeG) will affect real estate transfer tax or inheritance and gift tax law. That goes from the answer (BT pressure. 20/7216) of the federal government in response to a small question (Bundestag printed paper 20/7012) from the CDU/CSU parliamentary group. There is currently no timetable for a law amending the Real Estate Transfer Tax Act. However, the specific need for adjustment is already being examined at federal and state level.
This is further explained:
On the other hand, the Federal Government agrees that there is no need for adjustments in the area of income tax law. She sees herself “in agreement with the predominant voices in literature, but also in the countries”, as can be read in the answer.
The federal government does not consider it necessary to make changes to the Real Estate Transfer Tax Act aimed at avoiding double real estate transfer tax as a result of exercising the right of first refusal under real estate law. She points out that regulations outside of the real estate transfer tax are possible here at state level.
In order to avoid tax loopholes, work is also being done at federal and state level, the federal government continues. Options for adjusting the supplementary provisions would be examined. The federal government has no information on how much real estate transfer tax revenue the federal states are currently missing out on due to arrangements with family foundations.
From the Federal Government’s point of view, the definition of tax concessions on the real estate transfer tax for owner-occupied living space is a matter for the federal states. Nevertheless, it is important to her to increase the home ownership rate in Germany.
Those: hib – today in the Bundestag No. 460 (il)
Source(s):
NWB OAAAJ-42273