If you sell a property for which you have previously paid property tax, the tax office will regularly redetermine the property tax assessment amount for the purchaser on its own initiative. This takes place on 1 January of the year following the change of ownership. Only then can the municipality or city assess the property tax to the new owner and relieve you of the burden.
All agreements made in your purchase contract regarding the assumption of payment obligations by the purchaser of the property are private law regulations and do not affect the payment of property tax.
Certain properties are exempt from property tax (for example, properties owned by religious organisations and also used for religious purposes).
Reform of property tax
On 10 April 2018, the Federal Constitutional Court ruled that the valuation of land at the standard value violates the German Basic Law, as the standard value is still determined according to the value ratios of 1964 (West) and 1935 (East).
In accordance with the requirements of the Federal Constitutional Court, a reform of property tax has since been decided at federal level:
- Accordingly, the property tax for reference dates from 01 January 2025 is no longer calculated according to the 1964 standard values, but according to so-called property tax values, which are to be determined by the tax offices for the first time on 01 January 2022.
- On 4 November 2020, Baden-Württemberg made use of the state opening clause (option to deviate from the federal model) and enacted a state property tax law.
- In Baden-Württemberg, property tax is thus calculated according to the modified land value model. It replaces the previous standardised valuation.
- In the modified land value model, the valuation is essentially based on two criteria: the land area and the standard land value. Both values are multiplied together to calculate the property tax value. The development of the property has no effect on the calculation of the property tax value. Against this background, buildings on third-party land are no longer recognised. Under certain conditions, however, the development leads to a reduction in the tax base for the calculation of the property tax base (e.g. reduction for predominantly residential use).