{"id":15633,"date":"2024-04-09T07:47:00","date_gmt":"2024-04-09T05:47:00","guid":{"rendered":"https:\/\/myhome.at\/?p=15633"},"modified":"2024-03-12T17:22:53","modified_gmt":"2024-03-12T16:22:53","slug":"real-estate-income-tax-what-to-watch-out-for","status":"publish","type":"post","link":"https:\/\/myhome.at\/en\/real-estate-income-tax-what-to-watch-out-for\/","title":{"rendered":"Real estate income tax (ImmoEst): What needs to be considered?"},"content":{"rendered":"\n

The real estate income tax (ImmoESt) is based on private property sales<\/strong>, which basically includes all sales transactions and thus transfers of privately owned property for consideration. In principle, the exchange of properties is also covered by ImmoESt. <\/p>\n\n

The distinction between a transaction for consideration and a transaction free of charge is therefore decisive for the application of real estate income tax. In addition to land<\/strong> and buildings<\/strong> (e.g. condominiums, super-estates), the definition of real estate also includes rights equivalent to real estate<\/strong> (e.g. building rights).<\/p>\n\n

How much real estate income tax on private property sales?<\/strong><\/h3>\n\n

Unless an exemption, such as the main residence exemption or the manufacturer or builder exemption, applies, private real estate sales are subject to 30% real estate income tax<\/strong>. A distinction must be made between new and old properties<\/strong> when determining the income from the sale of private property and, consequently, the amount of property tax to be paid. <\/p>\n\n

A new property or a “new case” is a property that was subject to tax as at 31.3.2012 (i.e. the previously applicable speculation period had not yet expired) or was only acquired after 31.3.2012. <\/p>\n\n

If, on the other hand, a property was not subject to tax as at 31.3.2012, it constitutes an old property or an “old case”. In order to assess whether a property was still subject to tax on March 31, 2012 or not, the decisive factor is whether the speculation period of ten or 15 years applicable under the old legal situation had already expired. The distinction between old and new properties is crucial, as the income from old assets is generally calculated on a flat-rate basis.<\/p>\n\n

What is an old case and what is a new case?<\/strong><\/h3>\n\n

A legacy case<\/strong> therefore exists if the <\/p>\n\n