Sep 23

AMENDMENT OF REAL ESTATE ACQUISITION TAX – what do the buyers have to prepare themselves for?

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1. Change of the payer of the real estate acquisition tax
Currently, the payer of the real estate acquisition tax is primary the transferor (the seller). The parties, however, may agree in the purchase or barter agreement that the tax payer would be the transferee (the buyer). If the buyer and the seller agree that the tax payer is the seller, then the buyer is the guarantor of the fulfilment of the seller´s obligation to pay the tax.
By the amendment of the legal measure, the payer of the real estate acquisition tax will be the transferee and so, the guarantor´s institute will be removed accordingly. The payer o the real estate acquisition tax will be always the transferee and the parties will not be able to agree otherwise.

2. Exemption from the real estate acquisition tax
As a new thing, the exemption will concern only the first paid acquisition of a building of a family house or a unit in the residential house, provided that they are completed or used. The exemption will not concern the cases of acquisition of a building under construction, or a unit under construction.
Acquisition of the ownership title to real estate is exempt from the real estate acquisition tax only if it occurs within 5 years from the date of completion or commencement of use of a family house, a unit in a residential house or a unit in a residential house changed by building alterations, depending on the earlier of such dates.

In respect of the above-described change of the payer of the real estate acquisition tax, the buyers must prepare themselves for becoming payers of the real estate acquisition tax under the law, effective as of 01 November 2016. In purchase or barter agreements, it will be possible to agree that the seller would pay the tax; however, such provision will not be effective against the financial office; in the event of default in the tax payment, the financial office will collect the tax from the buyer only. At the same time, the tax amount will not be eligible as a tax expense.

If you are about to conclude any sales or barter agreement, under which the seller would be the payer of the real estate acquisition tax under the law, such agreement would have to be made and the petition for ownership title registration would have to be filed before 01 November 2016.