Real Estate Capital Gains Tax (ImmoESt)
The tax on the gain from the sale of private real property; it is generally owed by the seller and amounts as a rule to 30 % of the capital gain.
The ImmoESt under Sec. 30 EStG captures the excess of the sale proceeds over the acquisition costs. For so-called old assets (acquired before 31 March 2002) flat rates apply that significantly reduce the effective burden.
Exempt are, in particular, the main residence under certain conditions and self-constructed buildings. In contrast to the real estate transfer tax, the ImmoESt falls on the seller; it is usually calculated and remitted by the party representative via the escrow agent.
Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your property purchase are always decisive.
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Real Estate Transfer Tax
The tax on the acquisition of domestic real property; on a purchase it generally amounts to 3.5 % of the tax base (usually the purchase price).
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Escrow Agent (Treuhänder)
An independent person of trust (usually a lawyer or notary) who holds the purchase price and releases it only once the agreed safeguards are in place.
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Maturity of the Purchase Price
The point at which the buyer must pay the purchase price; in a property purchase usually tied to securing the unencumbered transfer of ownership.
Reviewing a contract, arranging escrow, securing handover?
When buying property, the contract and the land register decide. Call us directly or send an email, callback within one business day.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000