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Real estate exchange tax 15 percent. How is the liability calculated even when the acquired property is sold

2024-01-26 10:35:39Biznes SHKRUAR NGA REDAKSIA VOX

Real estate exchange tax 15 percent. How is the liability calculated even when

The 15% income tax will also apply to real estate exchanges that occur between individuals.

In the joint instruction of the Ministry of Finance and Economy and the State Cadastre agency, it is determined that the income tax will be calculated from the difference between the values ​​according to the reference prices, of the properties that are exchanged.

According to the examples of the Ministry of Finance that are given in the instruction, the tax will be paid by the individual who benefits from the exchange contract of the immovable property, which has a higher value according to the reference prices.

The instruction also states that in cases where the property benefited from the service contract, at the time of exchange, the tax has not been calculated and paid, the obligation will be paid in cases of sale of real estate. As purchase value (deductible value) will be taken the value according to the provisions of point 3, "Purchase value of real estate", registered in DVASHK for the real estate, which was used for exchange. So the purchase value of the immovable property, benefited from the exchange, will be the value according to the last registration of this property on which the tax is calculated. This value, if it exists in the act of alienation of property, is made available to notaries during the request for the alienation of real estate by the competent body for the alienation of real estate.

example

How is the tax calculated for a real estate benefited from the exchange

Individual AA living in Tirana, on the street "Community of Paris" (fiscal zone 5/3), owns an apartment with an area of ​​140 m2 (the year of obtaining the ownership title of this property for the first time is 2017 ), which he bought with a sales contract on 17.05.2020, in the amount of 12,000,000 ALL (the last tax registered for this property was calculated on the value of 12,000,000 ALL) and a shop with an area of ​​120 m2 (the year of obtaining the ownership title of this property for the first time is the year 2017), which he bought with a sales contract on 7.09.2019, with the value of 23,000,000 ALL (the last tax registered for this property is calculated on the value of 23,000,000 ALL).

Individual AA has agreed to exchange these two properties with a 5-story hotel in Librazhd, which is owned by individual BB, with an exchange contract drawn up in the notary's office on 25.02.2024.

The hotel consists of a hotel area of ​​4,000 m2 (4 floors x 1,000 m2) and shops and restaurants on the first floor with an area of ​​1,200 m2. The individual BB bought the hotel from privatization on 1.2.1993, with a value of ALL 15,000,000 (the last value for which tax was calculated) and the year of obtaining the ownership title of this property for the first time is 1993. The values ​​of of the assets that the AA individual will exchange A. The value of the assets that the AA individual will exchange at the reference prices is: a) Apartment owned by the AA individual: 140 m2 x (164,800 ALL/m2 – 1% * 6 years of use * 164,800 ALL/m2 ) = 21,687,680 ALL b) Store owned by individual AA: 120 m2 x (164,800 ALL/m2 – 1% * 6 years of use * 164,800 ALL/m2 ) x 2 (coefficient to the apartment) = 37,178,880 ALL

The value of assets, which will be exchanged by the AA individual, according to the reference prices, is: ALL 21,687,680 + ALL 37,178,880 = ALL 58,866,560. The value of ALL 58,866,560 is the total value of the assets according to the reference prices that the AA individual exchanges and serves as value in exchange.

The values ​​of the property that the individual will exchange BB

The value of the property, which will be exchanged by the BB individual at the reference prices, is: a) Hotel: 4,000 m2 x (44,000 ALL/m2 – 1% * 30 years * 44,000 ALL/m2 ) x 1.5 (coefficient to the apartment) = 184,800,000 ALL b) Shops and restaurants: 1,200 m2 x (44,000 allek/m2 – 1%*30 years * 44,000 allek/m2 ) x 1.5 (coefficient to the apartment) = 55,440,000 allek The value of the assets, which will be exchanged by the BB individual, according to reference prices, is: 184,800,000 ALL + 55,400,000 ALL = 240,200,000 ALL

The value of ALL 240,200,000 is the total value of the property according to the reference prices, which the individual BB exchanges and serves as value in the exchange. Calculated tax If there is a difference between the values ​​being exchanged, this difference will be taxed. In this particular case, the value in the exchange of the property exchanged by individual BB (the 5-story hotel in Librazhd) is higher than the value in the exchange of property exchanged by individual AA (the shop and the apartment in Tirana), therefore this difference will be taxed. Specifically, this difference is: ALL 240,200,000 - ALL 58,866,560 = ALL 181,333,440

Tax is calculated on this difference, which is paid by the individual who benefits from the exchange contract of the real estate, which has a higher value according to the reference prices. So, in this case, the tax is paid by the individual AA, who through the exchange realized a profit in the amount of ALL 181,333,440. The tax value is: ALL 181,333,440 x 15% = ALL 2,720,016.

example

How is the tax calculated for the sale of a real estate benefited from the exchange

- Alienation of real estate resulting from an exchange contract, for which at the time of the exchange tax was not calculated and paid Individual BB, in Tirana, on the street "Community of Paris" (fiscal zone 5/3), owns owns an apartment with an area of ​​140 m2 (the year of obtaining the ownership title of this property for the first time is 2017), and a shop with an area of ​​120 m2 (the year of obtaining the ownership title of this property for the first time is the year 2017), which benefited from an exchange contract with the individual BB, the exchange contract is dated 25.02.2024 (example 10).

In exchange, Individual BB has given individual AA a 5-story hotel in Librazhd, a hotel area of ​​4,000 m2 (4 floors x 1,000 m2) and shops and restaurants on the first floor with an area of ​​1,200 m2.

The individual BB bought this hotel from privatization on 01.02.1993, with a value of ALL 15,000,000 (the last value for which tax was calculated) and the year of obtaining the ownership title of this property for the first time is 1993. in 2024, with the sales contract dated 10.11.2024, the individual BB sells his apartment and shop to the individual Ç with the value of ALL 50,000,000.

Sale value We compare the sale value of the real estate according to the contract with the value according to the real estate reference prices of the properties being sold. The value of the assets that individual AA is selling, according to reference prices, is: a) Apartment: 140 m2 x (164,800 ALL/m2 – 1% * 6 years of use * 164,800 ALL/m2 ) = 21,687,680 ALL b) Shop: 120 m2 x ( 164,800 ALL/m2 – 1% * 6 years of use * 164,800 ALL/m2 ) x 2 (coefficient to the apartment) = 37,178,880 ALL The value of the assets for sale according to the reference prices is: 21,687,680 ALL + 37,178,880 ALL = 58,866,560 ALL.

Since the value in the sales contract is less than the value according to the reference prices, as the sale value we take the value according to the reference prices, i.e. the value 58,866,560 ALL.

Purchase value The purchase value will be the purchase value calculated according to the provisions set forth in point 3 of this instruction, calculated on the real estate used for exchange. Specifically, the immovable property that individual BB has used for exchange is the 5-story hotel in Librazhd, which he had bought from privatization on 1.2.1993, with a value of 15,000,000 ALL (the last value for which tax was calculated). • The purchase price in this case is ALL 15,000,000.

Calculated tax Given that at the time of the exchange, the BB individual did not pay tax, then the tax that the BB seller must pay during this sales contract is: (sale value - purchase value) x 15% (58,866,560 ALL - 15,000,000 ALL ) x 15% = ALL 6,579,984.


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