Property Valuation Ordinance, an important component of "Real Estate Transfer Tax New"

January 2016

Categories: Client Information
HOME• News• Property Valuation Ordinance, an important component of "Real Estate Transfer Tax New"
Property Valuation Ordinance, an important component of "Real Estate Transfer Tax New"

The „New property acquisition tax“ is primarily characterized by the fact that instead of the (triple) Unit value From January 1, 2016 the so-called Property value The basis for calculation is the one that is significantly closer to Economic value lying down and thus at free transfers Often, from land in the family circle, to a Higher property acquisition tax burden can conduct. The concept of the value of real estate was newly created in the GrEStG and replaced the Land value regulation (GrWV), which was finally decided at the end of December 2015, is clarified. Basically, the land value is always applied when no consideration is applicable for the transfer of a property – it is also used in transactions under the UmgrStG as well as in shareholding associations.

The property value can be divided into three parts different and equivalent species determine. The taxpayer is consequently not required to undertake several variants of the property value calculation or to resort to the highest determined value. The Property value can either be achieved using the Aggregate value model are investigated or from a suitable Real estate price index derived. In addition, upon appropriate proof of the lower common value be turned off, whereby it is possible to access it by Expert reports Even to Reverse burden of proof It is also important that the method of investigation can be freely chosen for each economic entity.

When using the Aggregate value model corresponds to the value of the property Sum of the base value and the building value. Basically, the goal is to Location of the property, The design, use, area and the Conservation status of the building are taken into account. In detail, the calculation is quite complex and is based in the basic value calculation on parameters such as those that can be determined by the tax office Ground value or a different calculation factor from municipality to municipality (e.g. calculation factor 5.5 for the 17th Vienna municipality district or High calculation factor 3 for Bad Aussee). For the determination of the building value, the Usable area or the Gross floor area the starting point, which is based on Construction cost factor to multiply. The regulation sets the construction cost factor per m2 This varies depending on the different federal states. In Vienna, for example, it is 1,470 €/m.2 and in Burgenland 1,270 €/m2. Adjustments in the form of Reprimands may result in the consideration of the type and age of the building. In this context, it plays a role for the Age reduction also plays a role whether the building has undergone renovation or partial renovation in recent years. As for the Building category The 100%-point construction cost factor will generally be applied. However, under certain conditions, deductions may be applied, e.g. for factory buildings (approach of 60%) or simple buildings (approach of 25%). With the „age-relief“ scheme, it should be noted that this is reduced by renovations or partial renovations. A renovation is to be considered when four out of five measures within the last 20 years were carried out before the transmission. Were „only“ two measures When it is performed, it is a Partial renovation. The possible renovation measures include the renovation of the exterior cladding with an increase in thermal protection, the first installation or replacement of heating systems, the first installation or replacement of electrical, gas, water or heating installations, the first installation or replacement of bathrooms, and the replacement of 75% of the windows.

Alternatively to the lump-sum value model, the Property value also based on a suitable Real estate price levels to be investigated. For Employment transactions in 2016 (Tax liability arises before 1.1.2017) is exclusively the WKO real estate price index, To resort to the Fachverband der Immobilien- und Vermögenstreuhänder (Association of Real Estate and Asset Trustees). Comparable to the lump-sum value model, a Shot off 28.75% to obtain the property value. For Employment processes after the year 2016 or for those whose tax liability arises after December 31, 2016, only the most recently valid Real estate price index of Statistik Austria decisive - here too, a discount of 28.75% must be taken into account. Whether the flat-rate value model or the real estate price index is more advantageous depends heavily on the individual case. For Vienna, it could be the case, for example, that in the transfer of real estate in „bad areas of the Nobel districts,“ the real estate price index is disadvantageous, since the real estate in moderately attractive areas is also influenced by the generally high price level of an expensive district.

Image: © Francois Doisnel - Fotolia

Scroll to Top