The new right to inheritance tax in detail since early 2009 is a reformed Bewertungsrecht to the inheritance tax real estate and gift tax on real estate. The legislature has implemented a requirement of the Federal Constitutional Court thus in new law. In the core to ensure with the changes that real estate with an approximation of the actual real estate value are evaluated. This approximation is called the mean value tax and corresponds to the market value or market value term essentially building code according to. For real estate, there is no absolute or sure realizable market value, but at best a market value level, where – with more or less large deviations – reasonable market values form. It is a spreading width of the selling prices for the same real estate to assume, within which an established market value as acceptable can be viewed. Typings are constitutionally permitted it.
The assessment methods must be suitable however to an approximation of the mean value ensure. The concept of revaluation of real estate assets in its broad based on the approved procedures for determining fair market value, for example the valuation regulation. In contrast to the classic traffic valuation are the freedoms, both as regards the choice of the correct valuation method as the value approaches also have been restricted under the new assessment legislation considerably. For example, the assessment procedures are prescribed object type involved. For condominium and single-family homes and two-family homes is the reference value procedure to apply the property procedure in exceptional cases. Mietwohngrundstucke, business properties, and mixed-use land are in the income approach to assess in certain exceptional cases the property procedure.
Other built-up land shall be calculated in the property procedures. This schematic law specification in combination with absolute valuations, for example given factors of capitalization in the income approach, is this intentional and should reduce the Serve military vulnerability. The opposite seems the case but accurate: especially in the schematization and flat-rate treatment of the highly inhomogeneous asset real estate is the point of contention for various value views. The market (supply and demand) in the local real estate market is not or only insufficiently taken into account. While the fiscal authorities naturally the optimization of tax revenue at the heart of the action, the heritage strives to minimize drop off the tax payments. For this purpose the important paragraph 182 granted him review law, which almost constitutes a kind of lower the inheritance tax law through the back door: so the taxpayer can prove that the mean value of the property at the valuation date is lower than the value determined by the tax authorities, is of lower value. Inheritance tax can be reduced accordingly. The specific requirements of the financial authorities are regularly by a qualified real estate advice certified expert meets. To note is that the heritage in any case must bear the costs of the required appraisal. Whether and how high, if necessary, is in most cases by a free advance check consider a reduction in the inheritance tax and whether it exceeds the cost of the appraisal, unduly.