Immobilien: Steuerliche Vorteile nutzen: Neues Urteil begünstigt den Hausverkauf innerhalb der Familie

In recent years, immigrants and builders in various German regions have complained about high land prices and construction costs. Those fortunate enough to purchase a developed piece of land within their family often find agreements that reduce the burden on buyers while ensuring sellers receive the actual value. However, tax-wise, care must be taken to avoid unpleasant surprises. A recent case involving a married couple illustrates this point.

The couple sold a developed piece of land to their daughter. They had agreed that the purchase price would initially be postponed, with final payment in installments beginning in May 2021. The sellers did not anticipate any interest on these installments. The parents treated the resulting lower purchase price as a gift to their daughter and did not report any interest in their income tax returns for 2021 and 2022.

However, after receiving a notification of an audit, the relevant tax office suspected an interest rate and calculated it using Paragraph 12(3) of the Assessment Act and additional interest accrued. The parents argued that the interest-free installment payment was a gift and not taxable income. The court agreed, stating that it was a living donation (Schenkung unter Lebenden) that excluded interest from income tax.

The Federal Finance Court disagreed, however, and concluded that the gift did not constitute a transfer of wealth. Nevertheless, the interest-free postponement was not considered a gift. The Federal Finance Court also found that the interest-free postponement did not constitute a gift. However, the Federal Finance Court ruled that no income from capital was involved, as each installment was fully accounted for in the purchase price.

This means that the division of interest and principal was unnecessary. The Federal Finance Court's ruling represents a shift from its previous legal precedents regarding such transactions involving close relatives. The tax implications of selling property within a family remain relevant, as the sale of property between relatives can lead to tax benefits, such as the exemption from acquisition tax for direct relatives.

This article highlights the importance of accurate valuations and proper documentation to ensure compliance with tax regulations.