The acquisition of domestic real estate, such as a plot of land or a condominium, is subject to real estate transfer tax. This applies regardless of the form of acquisition. This can occur, for example, through a purchase agreement, a winning bid in a foreclosure auction, or indirectly through the acquisition of 90% of the shares in a company that owns real estate.
The relevant transactions must be reported to the competent tax office regularly by the certifying notary, and in certain cases also by the purchaser and the seller.
If this property is located in Hamburg, the tax rate is 5.5% of the consideration. The value of the consideration generally corresponds to the purchase price.
Only once the tax has been paid will the tax office issue a tax clearance certificate. Your notary needs this certificate for registration in the land register at the relevant court.
More Information
Publisher
Hamburg
Last update or date of publication
Contact
The government service telephone number 115 – your point of contact for questions related to the federal, state and local.
Monday through Friday from 8:00 to 18:00 (and beyond these times in some regions).
Call 115 nowGovernment service telephone number calls are charged at local rates.
The notification of sale and the purchase agreement, which are usually submitted by the notary.
Preconditions
- Acquisition of real estate
- Location: Hamburg
Hints
The taxation of the acquisition of all properties located in Hamburg is the responsibility of the real estate transfer tax office of the tax office for traffic taxes and real estate in Hamburg.
Questions about the child benefit for home construction are answered by the KfW Development Bank or on its website.
In certain cases, for example in the case of inheritance, the acquisition is exempt from taxation.
fee
- Advance payment
- no
Basis for legal action
Section 19 of the Real Estate Transfer Tax Act
https://www.gesetze-im-internet.de/grestg_1983/__19.html
Legal Remedies
- Objection to the tax office
- Lawsuit before the tax court
Related Links
Procedure
- Acquisition of real estate with a purchase agreement
- The notary notifies the relevant tax office of the transaction, observing the statutory deadlines, and submits the purchase agreement.
- The tax office then sets the taxes.
- You will receive a tax assessment.
- After the tax has been paid, a tax clearance certificate will be sent to your notary.
- This certificate is required in order to initiate the registration in the land register at the court.
Deadlines
When acquiring real estate through a purchase agreement, your notary will notify the relevant tax office of the transaction in accordance with the statutory deadlines. Only in certain types of acquisition are the parties themselves, i.e., the buyer and seller, obligated to notify the tax office.
Processing time
The tax assessment process usually takes about six weeks, but in individual cases it can sometimes take considerably longer.