This term is understood as referring to properties that were acquired or were still being acquired after 31 March 2002 and were thus, in any event, liable for tax on 31 March 2012 (i.e. the basic 10-year speculation period provided for by law prior to the 1. Stabilitätsgesetz 2012 (→ USP) had not yet expired).
The basis used for the assessment (essentially proceeds from the sale minus the actual costs of acquisition, adapted if necessary) is reduced by the costs for notifying the tax office and for the self-assessed calculation of property income tax and, at most, by minor amounts from input tax adjustments ("regular income calculation"). The amount thus calculated is then to be taxed at the special tax rate of 30 percent.
Sale of a building (new property)
A property with holiday homes was purchased for Euro 150,000 in 2009 and sold for EUR 200,000 in the autumn of 2021. The additional proceeds thus amount to Euro 50,000.
The house is liable for tax as of 31 March 2012 (according to the legal situation prior to the 1. Stabilitätsgesetz 2012 (→ USP)) as the speculation period had not yet expired. Consequently, as capital gain, the full additional proceeds (Euro 50,000) are subject to taxation at the special tax rate of 30 percent (from 2016; previously 25 percent). This results in a tax burden of EUR 15,000.
Responsible for the content: Federal Ministry of Finance