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Does a loan taken over by the buyer need to be taxed by the seller?

April 4, 2022 | 50,00 EUR | answered by Steuerberater Bernd Thomas

We are selling our GbR (restaurant). The buyer will take over 2 loans totaling 94,000€, or repay them. These will not be fixed in the purchase price but as liabilities to be taken over.

Does the sum count towards the purchase price and do we have to pay taxes on it?

So if the purchase price is set at 40,000€ and existing liabilities are taken over in the amount of 94,000€ - which amount will be taxed? 40 or 94K?

I would be very grateful for a detailed answer, as I have received different answers everywhere so far.

Steuerberater Bernd Thomas

Dear questioner,

I am happy to answer your inquiry based on the information provided in the context of an initial consultation on frag-einen.com. The response is based on the facts you have provided. Missing or incorrect information can affect the legal outcome.

If you, as a sole proprietor or partnership, sell a commercial business, the capital gain according to § 16 (2) sentence 1 EStG is the amount by which the selling price exceeds the value of the business assets after deducting the selling costs. Business assets include assets and liabilities, so debts contained in the business assets are taken into account.

Therefore, debts that are part of the business assets are already taken into account and should not be additionally included in the selling price.

Best regards,

Bernd Thomas
Tax advisor

Information according to DL-InfoV: Tax advisor Dipl.-Kaufmann (FH) Bernd Thomas, Tax advisor, Franklinstraße 15, 30177 Hannover, Member of the Chamber of Tax Advisors Lower Saxony, membership number 146580, professional indemnity insurance with R+V Allgemeine Versicherung AG, Mittlerer Pfad 24, 70499 Stuttgart, insurance sum: 250,000 euros per individual claim; annual maximum benefit: 1,000,000 euros (for all damages in one insurance year); The professional regulations apply, in particular the Tax Advisory Act (StBerG), implementing regulations to the Tax Advisory Act (DVStB), professional code (BOStB), Tax Advisor Fees Ordinance (StBVV) (regulations can be viewed at: https://www.berufsrecht-handbuch.de/, http://www.gesetze-im-internet.de/stberg, www.gesetze-im-internet.de/stbvv/), the professional title Tax Advisor was awarded in the Federal Republic of Germany.

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Steuerberater Bernd Thomas

Steuerberater Bernd Thomas

Hannover

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