Real estate transfer tax check
- First contact by phone to clarify the basic parameters of the restructuring measures, the companies included in the check and confirmation of the period under observation
- KPMG sends a client-specific questionnaire to the client (specifically, organisational charts for the period under observation, information on the restructuring measures carried out and current real estate)
- Analysis of the changes in ownership structures based on the information provided by the client via the questionnaire with regard to matters that could have triggered real estate transfer tax
- Analysis of the current group structure with the goal of providing the client with suggestions for how the corporate structure could be optimised for future restructuring measures with regard to real estate transfer tax
- Analysis of any existing RETT-blocker (real estate transfer tax blocker) structures in the light of the new, stricter legislation to identify required actions for optimisation in terms of real estate transfer tax
- Initial indications of expected legislative changes in so far as we are aware of such changes as at the date of preparing our report
- Summary of the findings in a short written report (in the form of a PowerPoint presentation)
- Explanation of the findings in a face-to-face meeting or over the phone
- Identifying declaration requirements based on real estate transfer tax already triggered
- Recommended actions to optimise the corporate structure with regard to real estate transfer tax
- Indications for avoiding future real estate transfer tax being incurred
- Real estate transfer tax analysis based on contracts provided by the company
- Calculating the exact amount of any real estate transfer tax that may have been triggered
- Preparation of real estate transfer tax notifications or returns
- Conclusive assessment of potential forward-looking measures
- Support with the implementation of future measures
Administrative costs will be calculated at a 5% flat rate of the net fee invoiced. Inclusive within the flat rate are expenses incurred for telecommunication, database usage, and secretarial work such as print and graphics support. In addition, other expenses incurred in connection with the provision of services will also be invoiced. These particularly include, but are not limited to, expenses for travel and external providers based on actual costs incurred. Please note that the above stated net fee is subject to VAT at the legally applicable rate.
What information needs to be provided for the real estate transfer tax check?
To analyse matters triggering real estate transfer tax, we need you to provide us with:
- Organisational charts of the group of companies to be checked, and
- Clear explanations of the current group structure and any changes to it.
Does the real estate transfer tax check include a calculation of the amount of any real estate transfer tax triggered and/or the preparation of real estate transfer tax notifications/returns?
The real estate transfer tax check is restricted to the analysis of matters related to restructuring measures already carried out that triggered real estate transfer tax as well as the identification of potential ways to avoid real estate transfer tax risks in the event of future restructuring measures. We would be happy to adjust the scope of our services to your needs at any time upon request.
What are restructuring measures?
In the context of matters relating to real estate transfer tax, the term “restructuring measures” encompasses mergers, transfers or similar measures under company law which result in a direct or indirect change in ownership of a company which has real estate located in Germany.
