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State of Thuringia to increase RETT rate
RETT rate will increase from 5% to 6.5% on 1 January 2017
The transfer of real estate located in Germany is subject to the real estate transfer tax (RETT). RETT also generally applies to the direct or indirect transfer of at least 95% of the shares in a company holding German real estate and to the unification of at least 95% of such shares for the first time in the hands of a single shareholder.
In a direct transfer of real property, RETT is calculated on the basis of the purchase price. For direct and indirect share transactions, it is determined based on the special tax value of the property, typically in the range of 80%-90% of the fair market value of the real property.
Since September 2006, the federal states have been free to set their own rates (before that time, RETT was levied at a standard rate of 3.5%). As a consequence, there has been an ongoing trend to increase the RETT rate to improve the state budgets.
The federal state of Thuringia intends to increase the RETT rate from 5% to 6.5% on 1 January 2017.
The following table summarizes the RETT rates in all the German states as of 14 January 2016:
|Lower Saxony||Since 01.01.2011||4.5%|
|North Rhine-Westfalia||Since 01.10.2011||5%|
|As from 01.01.2017 (planned)||6.5%|
|Other federal states (Bavaria and Saxony)||3.5%|