Supreme Court questions basis for taxation of property transactions

Real Estate & Construction

ILO Newsletter, November 25, 2011

The Constitutional Court recently declared unconstitutional an article of the Court Fee Act, under which the fee for the registration of a new owner in the Land Register by reason of a deed of gift is taxed on the basis of the tax value. Although this judgment concerns court fees only, it calls into question all occasions where property transactions are taxed on the basis of the tax value rather than the market value. 


Dr. Martin Foerster

LL.M. (LONDON) Partner