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BUYING COMMERCIAL PROPERTY/REAL ESTATE – AUSTRIA

1. Are there any restrictions on an overseas company or business buying commercial property? There are no restrictions for companies or businesses having their registered seat in EU or EC countries. All other companies or businesses are subject to various regulations depending on their Austrian location. Most require the approval of the Land Authority.
2. Is land/property generally ‘registered’ so that the title/ownership is guaranteed? Yes, the land Register shows, for example, the number, size, use and address of area units, ownership, title, connected rights and encumbrances
3. What are the basic requirements/procedures? Written agreement with certified signatures, notification to the Land Authority and certificate of compliance or transfer permission, payment of 3.5 % transfer tax and clearance certificate of the Tax Authority, plus written application for registration with submission of the above documents.
4. On average, how long does the process take? On average, two weeks.
5. What searches are advisable? Search the Land Register and Municipal Development Plan as well as at the Local Authority / Building Authority for building and business regulations. Searches for structural building damage and soil contamination are also advisable.
6. What are estimated disbursement costs? On average about 3% of the purchase price without tax and without commission for agents. Agents may charge a maximum of 3% of the purchase price from each party.
7. What are the local and/or national tax considerations in the country of purchase? National transfer tax is 3.5% of the purchase price; annual local land tax is on average 1 % of the taxable value. VAT may be incurred on the price. Certain companies can obtain a tax reduction/refund.
8. What other annual local charges are obligatory? No other annual local charges on land property are obligatory
9. Are there any other issues to consider? Environment care and avoidance of nuisance issues

 

 

 

 

World Link for Law has published its latest business Newsletter which features various articles on international law.

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