Speculation period
August 14, 2021 | 30,00 EUR | answered by Steuerberater Bernd Thomas
Hello,
My question is regarding the topic of holding period for the sale of a residential property. Specifically, I am interested in the starting point. On 22.06.2012, the purchase contract was notarized. In the purchase contract, besides the seller, my former partner and I were also involved.
During the construction phase, we separated. Before the completion of the house, on 30.08.2013, we carried out a reversal and notarization of a new purchase contract in which I am the sole buyer. The original sellers only had to agree to this process. The original purchase contract remained unchanged.
The house was completed at the end of 2013 and handed over to me. From the beginning, I have exclusively rented it out.
To reiterate my question, from when can I sell the house without having to pay speculation taxes on the capital gain from the sale?
Best regards, Stefan
Dear questioner,
I am happy to answer your inquiry based on the information provided in the initial consultation on frag-einen.com. The response is based on the facts you have provided. Missing or incorrect information may affect the legal outcome.
For the calculation of the holding period according to § 23 para. 1 EStG, the obligatory transaction underlying the acquisition or sale is generally relevant (BFH of 15.12.1993 - BStBl 1994 II p. 687 and of 8.4.2014 - BStBl II p. 826). In the case of a real estate transaction, the obligatory transaction is typically the notarization of the purchase contract. In my opinion, a previous, unwound transaction should not be taken into account.
Best regards,
Bernd Thomas
Tax Advisor
Information according to DL-InfoV: Tax advisor Dipl.-Kaufmann (FH) Bernd Thomas, Tax Advisor, Neustadtswall 85, 28199 Bremen, member of the Hanseatic Chamber of Tax Advisors Bremen, registration number 111705, professional liability insurance at R+V Allgemeine Versicherung AG, Mittlerer Pfad 24, 70499 Stuttgart, insurance sum: 250,000 euros per individual damage event; annual maximum benefit: 1,000,000 euros (for all damages in one insurance year); The professional regulations of §§ 3, 3a, 32, 43 Steuerberatungsgesetz apply (regulations can be viewed at: http://www.gesetze-im-internet.de/stberg)
