2018. 05. 14. 14:27
When purchasing a property, additional costs can arise, which have to be taken into account, as they can be significant. This includes the stamp duty payable on property transfers executed for money, for which certain benefits are provided by the law. It is often asked that if we purchase two separate properties upon selling a property, from the purchase price, within the mandatory deadline provided, how the amount of the stamp duty payable on the transfer will be calculated. Is it possible to only pay the stamp duty on the difference between the value of the sold and purchased properties?
The answer to this question is provided in section 21 of Itv. Pursuant to section 21(2), point b) of Itv., when the property is acquired by a natural person, the basis for calculating the applicable stamp duty, if an apartment was purchased, and provided that the buyer has sold its previous apartment within 3 years prior, or within 1 year after the purchase transaction took place, the basis for calculating the stamp duty shall be the difference between the market value of the purchased and sold apartment (without deducting any encumbrances). For the purposes of applying this paragraph, the term encumbrances shall not include any usufruct, or user rights related to the apartment.
Pursuant to subparagraph (4) of the same section of the law, if the natural person executes an exchange of ownership over apartments, or has purchased or sold more apartments within 3 years prior to, or within 1 year after the purchase transaction took place, when calculating the value difference, which shall serve as the basis for stamp duty obligation, only a single exchange or sales transaction can be taken into account for each apartment exchange or purchase, which is the most beneficial for the payee (directly preceding or following the acquisition, and executed under the same legal title). If the given natural person is unable to certify additional apartment exchange or apartment sales transactions against his/her additional apartment exchange or purchase transactions executed, complying with the above conditions, the rules applicable to the stamp duty obligation related to such additional apartment exchanges or acquisitions shall follow the general rules. For the purposes of applying this paragraph, the term encumbrances shall not include any usufruct, or user rights related to the apartment.
Based on the above, it can be stated that the benefit available for the stamp duty payment for any single property sale transaction can only be utilised upon the purchase of one property, i.e. only one purchase transaction can be offset against one sales transaction.