Key legal question
Whether the requirements for preferential annuity-rate taxation under § 58(3) StG were met for the property sale gain.
Extracted holding
For married taxpayers, the relevant total assets must be determined only from the assets attributable to the selling spouse. The sold plot and its proceeds were counted in the taxpayer's assets, while the spouse's separately owned property was excluded. The sale proceeds represented only 19.08% of his assets, below the 25% threshold.
Extracted reasoning
Because property gain tax is assessed separately for spouses under § 52(2) StG, the decisive asset base is the selling spouse's own property. Ownership is determined by proof of title, for real estate by the land register, and for bank assets by the account holder or holder of the securities. On that basis, the taxpayer's asset mass included the sale proceeds and securities standing in his name, but not the wife's separate real estate.