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What are the tax consequences of selling a rented property?

Dear tax advisor,

I am currently facing the decision to sell my rented property, but I am unsure about the tax implications that come with it. I have been renting out the property for several years now and have been earning regular rental income from it. Now, for personal reasons, I am considering parting ways with the property and selling it.

My main question is what the tax implications of selling the rented property would be for me. What taxes will be due upon sale and how much of a tax burden should I expect? Additionally, I am interested in knowing if there are any potential tax savings or benefits that I can take advantage of when selling the property.

I am particularly concerned about the complicated tax regulations at the moment, as I am not sure how to properly consider the tax aspects and incorporate them into my decision-making process. Therefore, I would greatly appreciate your expert advice and clarification to help me plan my next steps accordingly.

I would be grateful if you could provide possible solutions and inform me about the tax consequences of selling a property in this context. I look forward to your assessment and thank you in advance for your support.

Sincerely,
Oliver Weinert

Georg Nitsche

Dear Mr. Weinert,

Thank you for your inquiry regarding the sale of your rented property and the associated tax consequences. It is understandable that you are concerned about the tax aspects, as selling a property typically involves various taxes.

When selling a rented property, two types of taxes usually apply: income tax and potential speculation tax. Income tax relates to the capital gains you make from the sale. The difference between the selling price and the original purchase price or acquisition costs is calculated. These gains are subject to income tax and taxed at your personal tax rate.

The speculation tax applies if you sell the property within ten years of acquiring it. In this case, the profit from the sale is taxed at a fixed rate of 30%. It is important to note that there are exceptions to the speculation tax, for example, if the property was used for personal residence.

There are also ways to save or optimize taxes when selling a rented property. For example, you can deduct certain expenses related to the sale, such as broker fees, maintenance costs, or notary fees. These costs reduce the taxable profit and therefore reduce your tax burden.

Another aspect to consider is the possibility of tax exemption when selling owner-occupied property. If the property was previously used for personal residence, you may be able to realize the sale profit tax-free under certain conditions.

It is advisable to consult a tax advisor to discuss your individual situation and find a tax-optimized solution. A tax advisor can provide comprehensive advice and help you consider the tax aspects of your property sale correctly.

I hope this information helps you and gives you an initial overview of the tax implications of selling a property. For detailed advice, I recommend scheduling a meeting with a tax advisor.

Sincerely,
Georg Nitsche

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