Online message – Friday, March 8, 2024
Real estate transfer tax | Need for further adjustment due to the effects of the MoPeG? (Federal Government)
The federal government has commented on the question of whether it sees a need for legislative action, since the provisions of Sections 5, 6 and 7 of the GrEStG are to be applied by the Secondary Credit Market Promotion Act until December 31, 2026 despite the abolition of the overall hand through the MopeG, but there are no legal regulations for this have been made so that after the expiry of these transitional regulations there will be no violation of the retention periods (§§ 5,6,7 GrEStG) resulting in subsequent taxation for transfers in the period from January 1, 2024 to December 31, 2026, against the background: that otherwise there may be significant tax risks in the event of upcoming restructuring and thus the regulations will ultimately be ineffective.
Answer from Parliamentary State Secretary Katja Hessel from February 21, 2024:
With Section 24 GrEStG, introduced by the Secondary Credit Market Promotion Act, the status quo under real estate transfer tax law – with its different treatment of partnerships and corporations – will be continued for a limited period until December 31, 2026. This also ensures that current retention periods within the meaning of Sections 5 and 6 GrEStG are not violated at the end of December 31, 2023 solely due to the Partnership Law Modernization Act (MoPeG) (see the justification for the law in the Growth Opportunities Act on Bundestag printed matter 20/8628, p. 221 and Secondary Credit Market Promotion Act on Bundestag printed matter 20/9782, p. 207).
This time gained will be used, together with the states that have the income and administrative authority for real estate transfer tax, to continue intensively examining any need to adapt the real estate transfer tax law to the corporate legal situation changed by the MoPeG and to find a long-term regulation. The retention periods must also be taken into account. The result of these tests should not be anticipated.
Those: Answer to the written question from MP Fritz Güntzler (CDU/CSU),
BT printing 20/10458 B.C. February 23, 2024 p. 18
(il)
Location(s):
NWB EAAAJ-61200