real estate

Sale of private property: VAT or transaction tax?

Do circumstances such as placing an advertisement for sale of real estate on an auction site or increasing the value of the land by partitioning it into smaller plots, adding utility connections, or establishing easements always indicate that the seller acts as a business and the transaction is subject to VAT, not the tax on civil-law transactions?

When is tax due on elimination of joint ownership of real estate?

Elimination of joint ownership is not always tax-neutral. This should be taken into consideration when deciding how to conduct the transaction.

The owner does not always have to pay the holder for improvements to property

An interesting ruling was issued in a case we were handling. After the independent possessor of real estate turned the property over to the owner, it demanded payment for the expenditures it had made on the property, including construction of a building on the site. But does construction always raise the value of the property?

Change in rules for the investor’s joint and several liability in the construction process

A simplified procedure for notification of subcontractors, clarification of the rule on the investor’s objection to entrusting part of the work to a subcontractor, and limitation in the amount of the investor’s joint and several liability—all these changes are to go into effect on 1 June 2017.

The concept of agricultural real estate under the Agricultural System Act

The broad limitations on trading in agricultural land introduced by amendment of the Agricultural System Act require extreme caution in any transaction potentially involving this type of property, as the definition of agricultural land assumes huge importance.

Information about reprivatisation claims: Essential or optional?

Acquirers of real estate often apply to the administrative authorities for a certificate on assertion of reprivatisation claims. Does this practice serve any purpose?