Hello,
I have a small problem: my brother is currently moving out of the property we jointly purchased. I have the right of first refusal and have therefore bought his share (47%). However, repeated property transfer taxes are now being charged.
Here is the background story:
In 2008, the property was purchased by our parents, and in 2011 it was transferred to the siblings, my brother and me. His share was 47%, mine was 53%. We lived in a kind of shared household. Our notary said that the property transfer tax should not apply because this is a type of "dissolution of a shared household." Additionally, we are relatives (although not in a direct legal line). The third point is that the property was already taxed when our parents bought it in 2008.
Now I want to file an objection but don’t know how to formulate it. Does anyone here know the legal situation in this case?
Thank you 🙂
I have a small problem: my brother is currently moving out of the property we jointly purchased. I have the right of first refusal and have therefore bought his share (47%). However, repeated property transfer taxes are now being charged.
Here is the background story:
In 2008, the property was purchased by our parents, and in 2011 it was transferred to the siblings, my brother and me. His share was 47%, mine was 53%. We lived in a kind of shared household. Our notary said that the property transfer tax should not apply because this is a type of "dissolution of a shared household." Additionally, we are relatives (although not in a direct legal line). The third point is that the property was already taxed when our parents bought it in 2008.
Now I want to file an objection but don’t know how to formulate it. Does anyone here know the legal situation in this case?
Thank you 🙂
Off the top of my head, I can’t help you right now, and I have little time for research at the moment.
Also, legal advice is reserved for qualified professionals. I could only offer some pointers for your search.
Since you haven’t fully explained your family relationships, I can’t assess whether any of you fall under section 3 of the property transfer tax law. I guess you might be stepbrothers. The closest might be paragraph 6, but even brothers wouldn’t be considered direct lineal relatives from my perspective, so stepbrothers wouldn’t either. Besides, the wording is quite complex.
Section 6, paragraph 4 of the property transfer tax law might also apply if the acquisition took place within the last 5 years. Unfortunately, you didn’t specify the months when the acquisitions were made.
I have to admit that during my time at the tax office, I only dealt with property transfer tax in theory, never in practice.
How long is the deadline for filing an objection?
If I were you, I would schedule an appointment with a tax advisor or a tax law specialist to present the whole case. There might be options as suggested by Tox, or possibly a retroactive reversal, or something else.
If the objection deadline expires this week and you can’t get an appointment with the tax advisor in time, submit the objection to preserve the deadline, noting that you will provide the justification later.
Also, legal advice is reserved for qualified professionals. I could only offer some pointers for your search.
Since you haven’t fully explained your family relationships, I can’t assess whether any of you fall under section 3 of the property transfer tax law. I guess you might be stepbrothers. The closest might be paragraph 6, but even brothers wouldn’t be considered direct lineal relatives from my perspective, so stepbrothers wouldn’t either. Besides, the wording is quite complex.
Section 6, paragraph 4 of the property transfer tax law might also apply if the acquisition took place within the last 5 years. Unfortunately, you didn’t specify the months when the acquisitions were made.
I have to admit that during my time at the tax office, I only dealt with property transfer tax in theory, never in practice.
How long is the deadline for filing an objection?
If I were you, I would schedule an appointment with a tax advisor or a tax law specialist to present the whole case. There might be options as suggested by Tox, or possibly a retroactive reversal, or something else.
If the objection deadline expires this week and you can’t get an appointment with the tax advisor in time, submit the objection to preserve the deadline, noting that you will provide the justification later.