New real estate transfer tax law: This is how it affects real estate buyers!

New real estate transfer tax law: This is how it affects real estate buyers!

The change to the Real Estate Transfer Tax Act (GrEStG), which came into force on June 1, 2025, brings with it significant adjustments to the taxation of real estate transfers. This reform, aimed at reducing tax losses, primarily concerns the transfer of shares in companies that own real estate. Loud report.at The property transfer tax increases significantly for such share deals.

One of the key adjustments includes lowering the share deal limit from 95% to 75%. This means that the transfer of at least 75% of the shares in a property-owning company is taxable within seven years. In addition, the multi-year view of share transfers is now also applied to corporations. A transfer of 74% of the shares to one buyer and 26% to a second buyer also triggers the GrESt.

Changes in taxation

The new regulation also introduces a basic definition: The term “real estate company” is redefined as companies whose assets consist predominantly of real estate or whose income comes primarily from the sale, rental or management of real estate. Higher tax rates apply to these real estate companies - 3.5% instead of 0.5% - as well as a different assessment basis, which is based on the fair value and no longer on the property value. These developments, which go back to the initiative of the federal states, aim to ensure effective taxation and counteract tax avoidance through share deals, such as juhn.com explained.

Another important aspect of the change in the law is the exception to transfers of shares within the immediate family circle. There are no changes to these transactions with regard to property transfer tax. For example, reorganizations or share transfers of companies that are not considered real estate companies can continue to benefit from the favorable tax rate of 0.5%, with the property value being used as the basis for assessment.

Consequences for investors and companies

The reform has the potential to have a significant impact on real estate markets. Before the change in the law, it was possible to acquire up to 94.9% of a shareholding tax-free; The new regulations now cut off this possibility. In addition, the deadline for the tax-free acquisition of the last 10.1% of partnerships was extended from five to ten years. It remains to be seen what specific impact these changes will have on the investment strategies of companies and investors. However, it is already clear that the scope for tax optimization in the area of ​​real estate transfers has been significantly restricted.

In summary, it can be said that the current regulation with regard to real estate transfer tax represents a significant tightening, which could have far-reaching consequences not only for companies but also for private investors.