a) Capital gains and speculative gains (real estate income tax) Gains from the sale of private real estate will be taxed indefinitely from 01.04.2012. For properties sold after 31.03.2012, a distinction must be made between "taxable properties" that were acquired for consideration from 01.04.2002 (or 01.04.1997) and "old cases" with regard to taxation.

"Tax-impaired properties": 30% tax on capital gains As a rule, properties acquired from April 1, 2002 (or from April 1, 1997 if a partial deduction for production costs was claimed) are subject to a uniform real estate income tax of 30% of the capital gain, the difference between the acquisition cost and the sale price. Repairs and subsequent construction measures have a tax-reducing effect insofar as these can no longer be claimed for tax purposes. Deductions claimed for acquisition and production costs, including the depreciation deducted when calculating special income (see below for details), as well as open partial deductions for repair expenses must be added. A tax rate of 25% must be applied for disposals up to 31.12.2015. An inflation allowance of 2% per year can no longer be claimed from 1.1.2016.

NOTE: Particularly in the case of rented properties, the capital gain can generally only be determined in cooperation with the seller's tax advisor and property manager. Real estate income tax must be reported and paid by the party representative (contract drafter) no later than the 15th day of the second calendar month following the calendar month in which the income is received.

"Old cases": 4.2% (or 18%) tax on the entire purchase price In the case of a last acquisition for consideration before April 1, 2002 (or in the case of partial deductions claimed in accordance with Section 28 (3) EStG April 1, 1997), the sales proceeds (actual purchase price achieved) are taxed at a flat rate. Under the statutory assumption of a capital gain of 14%, this results in a tax rate of - 4.2% of the sale proceeds or - 18% of the sale proceeds if a reclassification has taken place since 01.01.1988.

Upon application, it is possible in any case to calculate the speculative profit and tax it at 30% or to assess it at the income tax rate. According to § 20 para. 2 EStG, incidental sales costs are then also deductible.

b) Exemption from real estate income tax Main residence exemption If a property has served as a main residence for at least two consecutive years from the time of acquisition until its sale or if it has served as a main residence for five consecutive years in the ten years prior to its sale, no real estate income tax is payable.

Self-constructed buildings Such a tax exemption is also available for self-constructed buildings (the seller is the owner of the building): However, these buildings must not have been used to generate rental income in the 10 years prior to the sale.

Further exceptions Further exceptions are provided for exchange transactions as part of a consolidation or land consolidation procedure as well as for offsetting real estate transfer taxes and foundation entry taxes as well as inheritance and gift taxes from the last 3 years before the sale against the speculation tax.

c) Partial deductions and calculation of speculative profit When calculating the speculative profit from "tax-entangled" properties, the partial amounts deducted for production costs - in addition to the deducted tenths or (from 2016) fifteenths of the repair costs - must be added to the speculative profit. They are therefore already included in the speculative profit in accordance with Section 30 (3) EStG and are therefore taxed at the special tax rate of 30%. In the case of properties that are no longer subject to tax, when rented properties are sold and the capital gain is calculated using the lump-sum method (at 4.2% of the sale proceeds), subsequent taxation takes place in the form of the addition of half of the production fifteenths (in special cases also tenths) deducted in the last 15 years prior to the sale at the special tax rate of 30%.

d) Loss of the deduction of tenths or fifteenths If the seller has submitted an application for the deduction of repair and production expenses in partial amounts in accordance with Section 28 (2), (3) and (4) EStG 1988 (deduction of tenths or fifteenths), the right to deduct the tenths or fifteenths not yet claimed at the time of the sale is lost for the seller and the buyer.

e) Input tax adjustment and VAT Input tax amounts resulting from acquisition and production expenses, as well as from major repairs, are to be adjusted pro rata within the following 19 years in the case of inter vivos transfers. However, there is a transitional provision that provides for a nine-year adjustment period for assets already used or utilized before 01.04.2012. If the legal successor uses the asset for business purposes (e.g. apartment building), the input tax adjustment can be avoided by charging 20% VAT on top of the purchase price. However, the effects of the 1st Stability Act 2012 must be taken into account in the case of a tenant's turnover that does not almost exclusively entitle the tenant to deduct input tax. In any case, it is advisable to discuss the VAT situation in detail with a tax expert before drawing up the purchase agreement.

f) Sale of forest plots The hidden reserves from the standing timber are disclosed and are taxable.

The purchase of vacation properties is severely restricted in Carinthia. In the popular Austrian vacation regions, Austrians and EU citizens of equal status require a permit from the property transfer authorities. Furthermore, it is necessary that the respective object or property has a corresponding special designation in the zoning plan. The Carinthian municipalities, district administrative authorities and the Carinthian provincial government can provide information on whether a property is included in the leisure residence register. We will be happy to obtain this information for you if you are interested in a property in Carinthia. Non-EU citizens generally need a permit for the purchase of a vacation property in every region of Carinthia.

Special duties of disclosure of the real estate agent

§ 30b. (1) Prior to the conclusion of the brokerage contract, the real estate broker shall provide the client, who is a consumer, with the due care of a prudent real estate broker with a written overview stating that he is acting as a broker and indicating all costs likely to be incurred by the consumer as a result of the conclusion of the transaction to be brokered, including the brokerage commission. The amount of the brokerage commission must be stated separately; any economic or family relationship within the meaning of Section 6 (4) third sentence MaklerG must be indicated. If the real estate agent can act as a dual agent by virtue of business practice, this overview must also contain a reference to this. In the event of a significant change in circumstances, the real estate agent must correct the overview accordingly. If the real estate agent does not fulfill these obligations at the latest before the client declares a contract for the brokered transaction, § 3 para. 4 MaklerG shall apply. (2) The real estate agent shall provide the client with the information required under § 3 para. 3 MaklerG in writing. In any case, these shall also include all circumstances that are essential for the assessment of the transaction to be brokered.

INFO website for second home tax in Carinthia

Information on charges and fees (water, sewage, waste), local and tourist taxes can be found on the following websites:

Villach Citizens' Service: www.villach.at

Federal State of Carinthia: www.ktn.gv.at

The "Energy Performance Certificate Presentation Act" came into force on December 1, 2012. This includes the obligation to present an energy performance certificate when selling and renting/leasing buildings and properties in order to inform the buyer, tenant or leaseholder about the expected heating costs and the thermal condition of the building.

The characteristic values HWB and fGEE must also be stated in advertisements with immediate effect. Failure to comply with the obligation to present and hand over the certificate will result in an administrative fine of up to € 1,450 for the client (seller/landlord). Energy performance certificates that have already been issued (which only contain the HWB value) remain valid for 10 years from the date of issue. From 01.12.2012, buyers or tenants who have not been provided with an energy performance certificate can have an energy performance certificate drawn up themselves and claim the reasonable costs for this within 3 years.

INFO-Website - Energy Performance Certificate Submission Act