Real estate value
With property value refers to the tax law , the valuation of property for tax purposes as including in § 157 para. 1 Review Act comes (BewG) expressed.
General
With the Annual Tax Act 1997, the fourth section with the provisions for the valuation of property for inheritance tax from January 1, 1996 and for property transfer tax from January 1, 1997 with sections 138 to 150 BewG was inserted into the Valuation Act. With these regulations, the unit valuation, which had also been valid for these cases, was replaced by the determination of a real estate value (also called a requirement value ). The designation "needs value" is based on the then § 138 Abs. 5 BewG, according to which the real estate values were only to be determined separately if they were necessary for inheritance tax or real estate transfer tax.
After the decision of the 1st Senate of the Federal Constitutional Court (BVerfG) on the Inheritance Tax Act (ErbStG) on November 7, 2006, the valuation law that had been in force since January 1, 1996 was also unconstitutional . In the opinion of the BVerfG, the valuation of the accruing assets when determining the inheritance tax assessment base must consistently be based on the common value as the relevant valuation target. The valuation methods must ensure that all assets are recorded at an approximate value to the fair value. With the law on the reform of inheritance tax and valuation law (ErbStRG) of December 24, 2008, the sixth section “Regulations for the valuation of real estate, unlisted shares in corporations and business assets for inheritance tax from January 1, 2009” added to §§ 157 to 203 BewG.
Individual evidence
- ↑ Annual Tax Act 1997 of December 20, 1996 ( Federal Law Gazette I p. 2049 ; Federal Tax Gazette (BStBl) Part I, p. 1523)
- ↑ today: § 151 Abs. 1 BewG
- ↑ BVerfG, decision of November 7, 2006, Az. 1 BvL 10/02, full text , BStBl Part II 2007, p. 192
- ↑ see Federal Law Gazette I p. 2794 ; BStBl Part I 2009, p. 74, Article 2, No. 14
