Abstract

In early 2004 the finance ministers of Bavaria and Rhineland‐Palatinate put forward a new model for assessing land tax. The model envisages the abolition of the current Land Tax A (tax on agricultural and forestry enterprises); Land Tax B (developed/developable real estate) is in future to comprise a flat‐rate tax on the buildings and a more up‐to‐date and realistic taxation of the land value based on the standard land value. Nevertheless, the question still remains: Why not go one step further and replace this ‘combined tax on land and buildings’ with a simple ‘land value tax'?

Highlights

  • In 2000 the finance ministers of the federal administration and the Lander launched an initiative which, failed

  • In early 2004 the finance ministers of Bavaria and Rhineland-Palatinate put forward a new model for assessing land tax

  • The model envisages the abolition of the current Land Tax A; Land Tax is in future to comprise a flat-rate tax on the buildings and a more up-to-date and realistic taxation of the land value based on the standard land value

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Summary

PRELIMINARY REMARKS

In 2000 the finance ministers of the federal administration and the Lander launched an initiative which, failed. In early 2004 the finance ministers of Bavaria and RhinelandPalatinate reached agreement on a new land tax model which the finance ministers of the other Lander agreed "served as a very good basis to work with". In this model, taxes levied on undeveloped and developed real estate property are no longer to be based on the assessed values of proper-. In the case of undeveloped building plots the land tax assessment is to be directly based on these standard land values. This land tax model, which aims to retain the unity of land and any buildings constructed on it, in principle constitutes a 'combined tax on land and buildings', albeit in simplified form, and naturally invites critical analysis

THE CURRENT LEGAL BASIS FOR DETERMINING THE ASSESSED VALUE OF PROPERTY
THE NEW LAND TAX MODEL
CONCLUSION
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