Real estate transfer tax - Assessment

Grunderwerbsteuer (real estate transfer tax) arises upon the complete or partial acquisition • of undeveloped or developed plots of land [Grundstücke] within the meaning of civil law, • of buildings on land belonging to someone else (including holiday/weekend homes and cabins on leased land) and • of rights equivalent to real property, such as Erbbaurechte (heritable building rights) and Sondernutzungsrechte (special usage rights) (including condominium apartments, commercial units). Acquisition transactions Acquisition transactions include, among others, the purchase of land, the exchange of land, the highest bid (in a foreclosure auction), the assignment of rights under a claim to transfer of ownership, the acquisition of the power of disposal, a change of at least 90% in the composition of partners/shareholders of a partnership or corporation, as well as the consolidation of shares and the transfer/disposal of already consolidated shares in a company. How high is this tax? • The tax rate for Grunderwerbsteuer for legal transactions relating to land situated in the State of Berlin is 6 percent of the consideration (including purchase price, assumption of encumbrances, granting of residential/usage rights). • The tax rate applies to legal transactions carried out on or after 1 January 2014.