Sale of property rights
It is about a 1500 m² plot of land that is divided into residential and partial ownership in accordance with § 8 WEG.
I own a 1/3 co-ownership share in this plot of land, which is built with two single-family houses, connected to special ownership and special use rights to the plot share assigned to me and to the house located on it. There are also parts on the total property (access to the houses) that are used jointly.
Now the other owner wants to sell his 2/3 share to a property developer, who wants to build 2 semi-detached houses on the plot of land for sale.
The following measures are planned:
1. In order to build access to the new plots of the semi-detached houses, the following should be done:
a) Plot shares from me should be transferred to the current co-owner.
In return, I will receive larger (but strategically less important) plot shares from him and
b) a purchase price of 50,000 €.
This way, the co-owner creates the conditions to be able to sell his (now redesigned with the possibility of building access) share to a property developer.
2. The property developer, after purchasing the 2/3 share, will become a co-owner of the entire plot of land. In order to sell several parts of his share, he wants to carry out real divisions, which I as a co-owner should agree to.
The newly constructed access will naturally affect my plot share. That is why we agree that in addition to the restoration of the areas damaged by construction work, I should receive a financial compensation of 100,000 €.
I have owned my plot share since 1991.
Do I have to pay taxes on the two amounts mentioned above, and if yes, how? Is there a possible contract arrangement that could avoid a tax obligation?
