In civil law, a distinction is made between the commitment transaction on the one hand and the disposable transaction on the other. This distinction is particularly significant in the acquisition or sale of assets, for example real estate. Therefore, let’s take a look at the concrete significance of the transactions, the applicable exceptions and their relevance for taxation!
First principle: Civil law standards also apply to tax law
Tax law is in principle linked to the civil validity or ineffectiveness of legal transactions. An economic good is therefore only considered to be acquired once it has passed into the control of the acquirer. This in turn is only the case if civil property – usually by handover and purchase price payment – is given (for example BFH 11.12.2014 – II R 26/12, BStBl. II 2015, 402).
In general, under
This article does not replace tax or legal advice in an individual case. Facts, current law, jurisdiction, documentation and implementation remain decisive.