The Valuation Act (BewG) explicitly distinguishes between common value and partial value. Both regulations are general rules that apply when an individual tax law such as the EStG makes no concrete statement on the interpretation of the term. §§ 9 and 10 BewG are also relevant in inheritance cases, since the Inheritance and Gift Tax Act (ErbStG) refers to the BewG for almost all economic goods.

In the BewG, the legislature has defined so-called valuation principles for all conceivable economic goods. They always apply when an individual tax law either does not apply or makes no statements for the concrete evaluation. In §§ 9 and 10 BewG, the general foundations, which are expressed in the common value and in the partial value, are specifically standardized.

When you evaluate, the respective individual tax laws regulate. For example, in the case of acquisitions on account of death, you set the common value of the property on the date of death (§ 11 in conjunction with § 9 (1) no. 1 ErbStG).

The provision of § 9 (1) BewG stipulates that a valuation is generally based on the common value if no other norm applies. Here the legislator addresses the “lex specialis” to the assessment law. If the assessment is based on an income tax situation, for example, we first look at the income tax law with secondary laws and guidelines. If we find no regulation here, the BewG applies.

According to § 9(2) BewG, the common value of an asset must be determined on the basis of the price which would be obtainable in the general course of trade. ‘General commerce’ means simply the public market in which consumers can participate through retail and online shops. The common value is to be equated with the market value, it therefore includes the sales tax (gross price).

When assessing that there are several market prices, determine the mean value based on the average. External circumstances that influence the value are to be taken into account in an increase or decrease in value (§ 9 (2) sentence 2 BewG). These include, for example: