Reimbursement of real estate transfer tax

Reimbursement or non-imposition of real estate transfer tax is considered in the following cases:

• The acquisition process is cancelled within three years of the tax liability arising, by way of agreement, through exercising a reserved right to withdrawal or a repurchase right. It is a precondition for withdrawal that the seller regains full power of disposal over the property. If the acquisition is cancelled merely for the purpose of simultaneous transfer of the property or the right of ownership to a third party selected by the buyer, with the terms and conditions and price stipulated by the buyer, without the seller regaining his earlier power of disposal in any way, the earlier acquisition process is not reversed, in spite of the formal cancellation.
• The acquisition process is reversed on the basis of a legal claim, because the contract terms and conditions were not fulfilled by one contracting party.
• The legal transaction on which the right of ownership is based is invalid and the economic outcome of the invalid legal transaction is eliminated.
• The consideration for the property is reduced by mutual consent within three years of the tax liability arising.
• The consideration for the property is reduced on the basis of sections 932 and 933 of the Allgemeines Bürgerliches Gesetzbuch (ABGB) (guarantee, corrective action).
• The gifted property must be surrendered on the basis of a legal claim.
• Property acquired as a result of death must be surrendered; this represents an acquisition on account of death for the recipient.

If one of these cases applies, an application for reimbursement can be submitted to the Austrian Tax Office. Reimbursement by a party representative is not possible.