When does the tax authority treat easements as transactions that are equivalent to a sale of real estate?
The article analyzes the tax treatment of compensation paid in connection with the encumbrance by easements or their deletion. The focus is on the question of whether such transactions are equivalent to a sale and are subject to property gains tax. Legal criteria and practical examples are used to show how these cases are assessed under tax law.
Critical examination of the case law on commercial property dealers
The courts have recently had the opportunity to rule on the issue of commercial property dealers. It has become apparent that the usual criteria, which establish professionalism, are weighted differently. The following paper aims to provide an overview, to describe the weighting of the individual criteria in the case law and to point out possible contradictions. Above all, the paper shows that it is hardly possible to determine which criteria make a private person a professional real estate trader.
Change in practice: Federal Court overturns practice on "economic new construction".
Since the amendment of Art. 32 (2) sentence 1 DBG, costs for the maintenance of newly acquired real estate are also tax deductible as maintenance costs. With this, the legislator abolished the Dumont practice. Instead, the Federal Supreme Court created the legal concept of "economic new construction" for renovation costs of newly acquired real estate. If an "economic new construction" exists, all costs are not deductible as maintenance costs, regardless of their character. The Federal Supreme Court has now - in its ruling of February 23, 2023 - reviewed its long-standing practice and changed it.
Collective investment schemes with real estate: Selected issues in the real estate transfer tax
Recently, various questions have arisen in practice in connection with the transfer tax for collective investment schemes with direct real estate holdings. This article examines whether the transfer of real estate from one fund management company to another and the transfer of real estate from one collective investment scheme to another triggers the transfer tax.
Publication notice BR Property tax on secondary properties
At its meeting on August 21, 2024, the Federal Council took a position on the introduction of a property tax on secondary properties.
Canton of Zurich - Adjustment of the fact sheets on the deduction of property maintenance costs and energy-saving measures and updating of the Zurich tax booklet
Since the 2020 tax period, there is the new deductibility of deconstruction costs with regard to a replacement new building (section 30 para. 2 StG) and the transferability of expenses for investments that serve to save energy and protect the environment, as well as deconstruction costs with regard to a replacement new building (section 30 para. 2bis StG). These costs are deductible in the two subsequent tax periods insofar as they could not be fully taken into account for tax purposes in the current tax period. The two information sheets were adapted for this purpose:
Circular: List of cantons with different imputed rental values for cantonal taxes and direct federal tax as of tax period 2018
On 9 July 2019, the Federal Tax Administration (FTA) published a circular containing a list of cantons with different imputed rental values for cantonal taxes and direct federal tax as of the 2018 tax period.
Residential property taxation: discussion of the preliminary draft commenced
The Commission for Economic Affairs and Taxation of the Council of States (WAK-S) has accepted without opposition the preliminary draft on the system change in the taxation of home ownership (17,400) and has largely conducted the detailed consultation.
Canton of Zurich: Real estate gains tax
Real estate gains of Zurich companies are now also fully subject to real estate gains tax even if these companies report losses from their business activities in the Canton of Zurich. In contrast, companies outside the canton can offset their business losses against gains on real estate in the canton of Zurich. This unequal treatment is to be eliminated. According to the proposal, on which Zurich voters will vote on 10 June 2018, Zurich companies will also be able to deduct the business loss from the property gains they have made in the Canton of Zurich. This offsetting of business loss against property gain reduces the taxable property gain and thus the property gains tax due. If the business loss is greater than the real estate profit, the real estate profit tax is not applicable at all.
ISIS) seminar folder "Tax aspects of the structuring of real estate assets (2024)"
All documents from the ISIS) seminar "Tax aspects of structuring real estate assets" held on November 12, 2024 under the direction of Peter Mäusli-Allenspach in one PDF document. Case studies, detailed solution notes and slides: Here you will find all documents of the individual workshops according to the following content description.
Imputed rental value, preferential rent, profit costs and other deductions
Workshop by Céline Martin and Ridvan Jetishi at the ISIS) seminar on November 12, 2024 entitled "Imputed rental value, preferential rent, profit costs and other deductions"
