Real Property. Transfer Tax. Tenants by Entirety

1924 ◽  
Vol 24 (2) ◽  
pp. 209 ◽  
Keyword(s):  
Real Property ◽  
Property Transfer ◽  
Transfer Tax

scholarly journals Abolition of Tax on Acquisition of Immovable Property: A Tool to Suppress the Negative Consequences of Covid-19 or a Politicum?

2020 ◽  
Vol 5 (2) ◽  
pp. 45-57
Author(s):  
Michal Radvan ◽  
Sandra Papavasilevská
Keyword(s):  
Political Parties ◽  
Constitutional Court ◽  
Negative Consequences ◽  
Structural Components ◽  
Property A ◽  
The Czech Republic ◽  
Eu Member States ◽  
Property Transfer ◽  
Pros And Cons ◽  
Transfer Tax

The tax on acquisition of immovable property was abolished on September 26, 2020 in the Czech Republic. One of the  reasons mentioned in the explanatory report to the Act was the statement that the abolition deals with the effects of this  virus on society. The main aim of the article is to answer the question of whether the abolition of the tax on acquisition of  immovable property is a tool to suppress the negative consequences of Covid-19 or a politicum. To get the answer, it is  necessary to shortly describe the tax on acquisition of immovable property and its structural components and make a  basic comparison with the other EU Member States. We also summarise the pros and cons of the tax and related findings  of the Constitutional Court. As the property transfer tax is connected with the income tax and there were several  amendments in the proposal, it is needed to analyse these changes. Based on the research, it is possible to conclude that  the abolition of the tax on acquisition of immovable property is definitely not a tool to suppress the negative  consequences of Covid-19; it is just a politicum: political parties believe that the abolition of the transfer tax brings them  more voices in the elections.

Fiduciary transfer of real property in consumer transactions

2021 ◽  
Vol I (I) ◽  
pp. 9-28
Author(s):  
Kamil Zaradkiewicz
Keyword(s):  
Market Value ◽  
Civil Code ◽  
Official Journal ◽  
Legal Institution ◽  
Real Property ◽  
The Real ◽  
Business Operations ◽  
Natural Person ◽  
Property Transfer ◽  
Housing Needs

Article 3871 on property transfer as a form of collateral security was added to the Civil Code by virtue of the Act of 14 May 2020 Amending Certain Acts in Respect of Shield Measures in Connection with the Outbreak of the SARS-CoV-2 Virus (promulgated in the official journal “Dziennik Ustaw”, item 879). Under this provision, contracts on transfer of property as a collateral security, where the property in question is a real property used for the purpose of satisfying housing needs, which is transferred to secure claims under this or any other contract not directly related to business operations or pursuit of the profession by a natural person, are invalid. The sanction of invalidity provided for in Article 3871 of the Civil Code applies only to those contracts, where the value of the real property is higher than the value of financial claims secured by transfer of property plus the value of maximum interest for delay on this value for a period of 24 months, or if the value of financial claims secured by the real property has not been not determined. Only such a contract on transfer of property as a collateral security that was not preceded by an appraisal of the market value of the real property by an expert appraiser, is invalid. This solution is rightly criticised as unclear and excessively prescriptive. Furthermore, it may in practice give rise to numerous problems of interpretation. It fails to solve numerous problems associated with fiduciary transfer, including its general admissibility or its connection with the institution of a registered pledge. It is reasonable to consider, as de lege ferenda postulate, the introduction of a general prohibition of this type of fiduciary transfer or its normative regulation in the form of an independent legal institution. In the latter case, legal solutions aimed at protecting both the debtor and other persons, i.e. creditors, should be adopted, in particular with a view to eliminate the socalled “excessive collateralisation” that happens in practice.

Polish real property funds’ investment results – an attempt of evaluation

2016 ◽  
Author(s):  
Rafal Wolski ◽  
Magdalena Zaleczna
Keyword(s):  
Real Property

Foreigners as buyers of real property in Poland

2016 ◽  
Author(s):  
Magdalena Zaleczna
Keyword(s):  
Real Property

Analysis of geodetic and legal documentation in the process of expropriation for roads. Krakow case study

2013 ◽  
Vol 62 (1) ◽  
pp. 67-84
Author(s):  
Anna Trembecka
Keyword(s):  
Local Government ◽  
Legal Status ◽  
The State ◽  
Property Value ◽  
Real Property ◽  
Construction Design ◽  
Special Rules ◽  
The City

Abstract Amendment to the Act on special rules of preparation and implementation of investment in public roads resulted in an accelerated mode of acquisition of land for the development of roads. The decision to authorize the execution of road investment issued on its basis has several effects, i.e. determines the location of a road, approves surveying division, approves construction design and also results in acquisition of a real property by virtue of law by the State Treasury or local government unit, among others. The conducted study revealed that over 3 years, in this mode, the city of Krakow has acquired 31 hectares of land intended for the implementation of road investments. Compensation is determined in separate proceedings based on an appraisal study estimating property value, often at a distant time after the loss of land by the owner. One reason for the lengthy compensation proceedings is challenging the proposed amount of compensation, unregulated legal status of the property as well as imprecise legislation. It is important to properly develop geodetic and legal documentation which accompanies the application for issuance of the decision and is also used in compensation proceedings.

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