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Home International Customs Germany

Expanded range of real estate services subject to VAT in Germany

byCT Report
25/01/2018
in Germany
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BERLIN: German real estate will in future by subject to German VAT at a rate of 19%. According to a letter published by  the following services will now be classed as “services relating to real estate” under section 3(a) (3) No. 1 of the German Sales Tax Law  drawing up a contract for the sale or purchase of a property (asset deal) negotiation of the contractual terms and conditions as well as related consulting services (e.g. financing advice, preparation of due diligence) advice on a tax clause in a land transfer agreement other advisory services in connection with a property (e.g. sale-and-leaseback contract, financing advice, etc) conception and negotiation of rental and lease agreements for a certain piece of land review of existing rental or lease agreements with regard to the change of ownership in the context of a transfer of land. The determination of ‘place of service’ as the location of the land plot is to be applied even if the underlying transaction leading to a legal change in relation to the land plot does not ultimately take place.

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