The speculative tax can arise primarily on the sale of plots of land in accordance with § 23 EStG. However, even a private transaction involving the sale of securities or shares, works of art, jewelry, precious metals, books or foreign currency may also be subject to income tax.
In Germany, profit from the sale of a plot of land is subject to the speculative tax if the plot is sold within 10 years of its acquisition.
The ten-year period is calculated from the date of purchase to the date of sale of the property. It is important that, to be exempt from tax, this period must be exceeded by at least one day.
Taxation of buildings and structures
In accordance with § 23 EStG, profit from the sale of all buildings (houses, flats or parts thereof, rooms) and parts thereof that were built, extended or added during the period of ownership, as well as profit from the sale of all external installations (fences, roads, squares and reinforcements) located on the plot of land, is subject to taxation.
It can be said that the fate of the buildings is tied to that of the plot of land. If the plot was sold within 10 years of purchase, the speculative tax applies to the profit obtained both from the land and from the sale of buildings erected on it during the period of ownership. If the profit from the sale of the land is not taxable after the specified holding period has expired, the profit from the sale of buildings is also exempt from it.
Exemption from taxation
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