When buying real estate, such as shares in a housing company, or other securities, you as the buyer are obligated to pay transfer tax on your purchase.
When buying securities, for example shares in an unlisted limited liability company, the transfer tax is 1.6% of the purchase price or the value of other consideration. Such payment or a payment obligation that is a condition in the transfer agreement is also included in the tax basis. Payment or payment obligation means, for example, the payment of the debt of the company that is the subject of the transaction or the buyer's commitment to pay the debt in question.
The amount of the tax to be paid on the transfer of shares in housing companies and real estate companies is 2% of the purchase price or the value of other consideration. Tax is also paid on the amount of the housing company loan. In the transfer of real estate and buildings, the tax rate is 4% of the purchase price or the value of other consideration.
WHEN MUST THE NOTIFICATION BE MADE AND TAX BE PAID?
Transfer tax is a self-initiated tax, i.e., the taxpayer must calculate the amount of the tax themselves and take care of paying the tax on time. As a general rule, the tax must be paid and a transfer tax return given within two months of signing the transfer agreement. The time of payment of the purchase price or the time of transfer of ownership do not affect this deadline, except for the exceptions mentioned below.
If the shares in a housing company are purchased through a real estate agent, the tax is already paid at the same time as the transaction is made, and the real estate agent submits the transfer tax return to the Tax Administration on behalf of the buyer.
In the case of the transfer of shares in housing companies and real estate companies that are in the construction phase, the transfer tax must be paid, and the transfer tax return submitted within two months after the ownership of the shares has been transferred. In new properties, ownership is usually transferred after the building is completed.
For transfers of a real estate, the buyer must file the transfer tax return and pay the tax to the Tax Administration, and a title registration must be applied from the Land Survey Office within six months of signing the contract.
WHAT KIND OF PROPERTY IS EXEMPT FROM TRANSFER TAX?
Transfer tax is paid on transfers for consideration, so property received as a gift, inheritance or will is excluded from transfer taxation.
One does not need to pay transfer tax on the purchase of their first home if the buyer acquires ownership of at least half (50%) of the shares entitling to ownership of the residential apartment or real estate and at least half of the building on it and starts using the apartment or building as their own permanent residence. In addition, the buyer must be 18-39 years old, and has not previously owned at least half of a residential building or shares entitling to control a residential apartment.
Shares of a limited liability company are also exempted from transfer tax if they are bought through stock exchange.
You can contact our tax experts in all matters concerning transfer tax. In unclear and ambiguous situations, if necessary, we help prepare an advance ruling application or an application for the refund of overpaid transfer tax.