Austria MOF Clarifies Real Estate Transfer Tax Rules for Property Transfer Between Divorced Spouses

The Austrian Federal Finance Court Sept. 18 issued Decision No. RV/2100229/2020, clarifying the real estate transfer tax rules for property transfers between divorced spouses after the statutory deadline. The taxpayer, a divorced individual, received half of the property from his ex-wife more than three years after their divorce. The Tax agency assessed real estate transfer tax on the full value and denied the special tax benefit. The taxpayer appealed, arguing that specific liabilities should be excluded from the tax base, and that the transfer qualified for the preferential tax rate. On appeal, the Federal Finance Court found that: 1) only ...