Evaluation Act
| Basic data | |
|---|---|
| Title: | Evaluation Act |
| Abbreviation: | BewG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Tax law |
| References : | 610-7 |
| Original version from: | October 16, 1934 ( RGBl. I pp. 1035-1049) [1] |
| Entry into force on: | January 1, 1935 |
| New announcement from: | February 1, 1991 ( Federal Law Gazette I pp. 230-262) |
| Last change by: |
Art. 25 G of December 12, 2019 ( Federal Law Gazette I p. 2451, 2486 ) |
| Effective date of the last change: |
December 18, 2019 (Art. 39 G of December 12, 2019) |
| GESTA : | D043 |
| Please note the note on the applicable legal version. | |
The Valuation Act regulates the tax valuation of assets in Germany . It applies to all duties and taxes that are regulated by federal law. However, reference is also made to the Valuation Act in state and local tax law.
General
Order of application
When valuing assets, the valuation rules of the individual tax laws, e.g. B. § 6 EStG , to be used as a priority. If there are not, the special assessment regulations § § 17 to § 150 BewG apply . If these do not apply either, the general assessment regulations of §§ § 2 to § 16 BewG apply .
Evaluation standards
The law provides for the following assessment criteria:
- The common value ( § 9 BewG) is the sales price that would be achieved in normal business dealings.
- The partial value ( § 10 BewG) is the amount that a buyer of an entire business would set as part of the total purchase price for the individual asset.
- The tax balance sheet value ( Section 109 BewG) is the value that applies to taxpayers who determine their profit in accordance with Section 4 (1) or Section 5 of the Income Tax Act.
- The capitalized earnings value ( § 36 BewG) applies to the valuation of agricultural and forestry assets. It corresponds to 18 times the net income that such a business can achieve in the long term with proper and debt-free management with paid workers.
Derived evaluation standards
A number of assets can be determined based on known quantities:
- The market value ( Section 11, Paragraph 1 of the BewG) is to be used for shares and shares traded on the stock exchange . These securities are to be valued at the lowest price quoted on the relevant reporting date.
- The nominal value ( Section 12 (1) BewG) is to be used for valuation for capital claims (e.g. loans , tax refund claims, savings bonds , deposits from typically silent partners ). Bad debts are not to be taken into account, doubtful debts are to be recognized with the probable value.
- Unit certificates in capital investment companies are to be valued at the redemption price ( Section 11 (4) BewG)
- Claims from life, endowment or pension insurance that are not yet due are set at two-thirds of the premiums paid. If the taxpayer proves the surrender value , this applies ( Section 12 (4) BewG).
- Recurring uses and services, e.g. B. pensions, voluntary maintenance payments, ground rent are to be valued at the capital value ( § 13 para. 1 BewG).
Asset types
Basic assets
- Valuation of agricultural and forestry assets § § 33 to § 67 BewG
- Property valuation § § 68 to § 94 BewG, special
Business assets
The valuation of business assets for inheritance tax purposes was fundamentally reformed on January 1, 2009 and is regulated in Sections 199 to 203 BewG. Basically, that is simplified income approach applied but which may net asset value does not fall below.
Unit values
The assessment law also regulates the determination of unit values according to Section 19 (1) BewG
Unit values are determined for:
- Agriculture and forestry companies (individual company)
- Land (single property)
- Company property (single company property)
Detection types
The assessment law knows the following types of assessment:
- The main assessment ( § 21 BewG) should be made every six years for real estate. However, the last actual main time of determination was January 1, 1964. It is based on the conditions at the beginning of a calendar year.
- Updates ( Section 22 BewG): Values are updated if a value limit is exceeded or reached.
- Type update ( § 19 Paragraph 3 BewG): Change in the type of the subject of assessment
- Update of attribution ( Section 19 (3) No. 2 BewG): The subject of the valuation is attributed to another taxpayer. The update time is the beginning of the calendar year.
- Follow-up assessment ( Section 23 BewG): If a new economic unit is created after the main date of assessment or if such a unit is used for a tax for the first time, a subsequent assessment takes place.
- Abolition of the unit value ( § 24 BewG): The unit value is abolished if the economic unit ceases to exist (e.g. two adjacent properties (A + B) are merged and a residential building is built on. For property A, a value and type update is carried out. The unit value of property B is canceled.).
- Determination of real estate values ( § 138 BewG): If necessary, a real estate value is determined exclusively for the purposes of real estate transfer tax.
- Determination of real estate values, share values and business assets ( § 151 and § 157 BewG): Exclusively for the purposes of inheritance tax (and gift tax as part of the Inheritance Tax Act), a value is determined for the respective assets if necessary.
- Determination of the value of other assets and debts ( Section 151 BewG): Exclusively for the purposes of inheritance tax (and gift tax as part of the Inheritance Tax Act), the value of the assets to which several persons are entitled and which are not real estate, business assets or shares in corporations is determined as well as the value of the debt separately determined.
literature
- Stefan Kreutziger, Margit Schaffner, Ralf Stephany: BewG. Evaluation Act. Comment . 3. Edition. Verlag CH Beck, Munich 2013, ISBN 978-3-406-63136-8 .
- Rudolf Rössler, Max Troll: BewG. Evaluation Act. Comment. Loose-leaf collection, 13th supplement. Verlag CH Beck, Munich 2010, ISBN 978-3-8006-2213-9 .
