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Due to the amendment of the Austrian Stamp Duty Tax Act, lease agreements concerning residential premises are exempt from Stamp Duty Tax since November 11, 2017 (§ 33 TP 5 Abs 4 Z 1 GebG; this tax was up to 1 % of three times the annual gross rent). This exemption does not affect lease agreements regarding business premises, which are still subject to Stamp Duty Tax.
Residential premises are buildings or parts of buildings used predominantly for residential purposes including independent rooms / areas and parts of the property which are typically assigned to residential premises (rooms in the basement or attic, garden areas).
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