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Speculation tax on mixed gift

January 10, 2017 | 50,00 EUR | answered by

Good day,

The following situation:

In 2005, my grandparents gave my mother a house with land as a gift with a usufruct right for my grandparents.

In November 2016, my grandmother moved into a nursing home, and my grandfather had passed away. In December 2016, I "bought" the house with land from my mother as part of a mixed gift. The usufruct right was canceled by a notary (my grandmother signed a waiver).

Estimated expert value of the house/land: 300,000 euros - I paid my parents 200,000 euros. In this case, no property transfer tax was incurred.

My first question:

Will there be a capital gains tax if I sell the house/land within the next 10 years, even though it had been in the family's possession for 10 years before - if so, on what portion?

My second question:

Will there be a capital gains tax if I build a new house on the land, live in it for 3 years, and then sell it?

Thank you for your help.