This allocation reflects economic reality, as the leaseholder derives the actual use and economic benefits from the land and building during the term of the agreement.
The property tax value is determined separately for the leasehold (Erbbaurecht) and takes into account both the land value and the value of the building erected on it.
Contractual agreements between the leaseholder and the landowner regarding the passing on of the property tax burden are legally possible under civil law, but they do not change the tax allocation vis-à-vis the tax office.
Upon expiry of the agreed leasehold term, the building generally reverts to the landowner in exchange for compensation as regulated in the contract, and the landowner then again becomes liable for property tax from that point onward.
If the heritable building right is renewed or newly agreed in good time, the property tax liability, by contrast, remains unchanged with the previous leaseholder.
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