Basic Book Fee Amendment - Ggn

Original Language Title: Grundbuchsgebührennovelle – GGN

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996819/grundbuchsgebhrennovelle--ggn.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
1. Federal law with which the court fees Act, the Court transfer Act, the real estate transfer tax Act and the Federal Act on the buildings and apartment change (basic paper fee amendment - GGN)

The National Council has decided:

Article 1

Amendment to the court fees Act

The court fees Act, Federal Law Gazette No. 501/1984, as last amended by Federal Law Gazette I no. 64/2012, is amended as follows:

1. in article 1

(a) be inserted in paragraph 1 after the word "Courts"the twist", public prosecutor's offices" and after the word "Input" the twist "as well as the leadership of the public books, document collections, as well as the einsichtsfähigen register";

(b) the following sentence is added in paragraph 2:

"The fees for queries from the public books, document collections and einsichtsfähigen registers and other IT applications from the tariff are to be such that they cover at least the running costs as well as a reasonable surcharge in addition to the maintenance, backup, and development costs."

2. in article 2

(a) is subpara 1 lit. a: "a) of the civil procedure first instance with the handing-over of the lawsuit, the procedures listed in notes 1 and 2 to the collective post 1 with the presentation of the application for Protokollaranträgen with the beginning of the transcript for comparisons in all procedures with the certification by the decision-making body;"

b) Z 1 is lit. d;

(c) is in the Z 4: "4. with regard to the fees for the registration in the public books or in the ship register with the making of the registration;"

d) is in the Z 6 replaced the semicolon with a comma and appended the following phrase:

"in terms of lit in the collective post 11. "c-led official acts at the times set out in the NTG;"

e) 7 is the twist in the Z "tariff post 14 Nos. 3, 4, 8 to 11 and 13 to 15" by the phrase "collective post 14 Nos. 2, 3, 8 to 11 and 13 to 15" replaced;

3. paragraph 4:

"§ 4 (1) the fees under this federal law and other required after the GEG amounts may be paid, using Bank cards with Bankomatfunktion or credit cards through deposit or bank transfer to the account of the Court or by cash deposit at this Court.

(2) if the claim of the Federation on the fees justified the handing-over of the input, the payment of fees by fixing a document on the font set is to prove.

(3) all fees may be paid by direct debit and collect if the justice to collect the fees on one of the accounts of the judiciary is authorized and the input contains the specification of the account of charges to collect are, and any amount at most to be debited. By specifying the account from which the court fees to collect are, or the address code, under which an account for the collection of court fees is stored, ZaDiG is regarded as consent for the collection of fees within the meaning of § 34.

(4) If an input is inserted into the way of electronic transactions (§§ 89a to 89d GOG), so are those fees where the claim of the Federation on the fees is justified with the handing-over of the input (including the fee according to tariff post 10 Z I lit. b Z 5a), payable by direct debit and confiscation; a maximum-to-booking amount must not be specified in this case.

(5) the flat-rate fee for the additional registration in the Court experts and court interpreter list is in accordance with § 3a paragraph 5 SDG to pay by direct debit and confiscation in accordance with this Statute.

(6) the Federal Minister for Justice shall the circumstances for the proof of payment (para. 2), the authorization - and recovery procedures (para. 3-5) to govern according to the principles of simple and economical management by regulation. A judicial account is each to determine for the authorization - and -recovery procedures and in accordance with the technical possibilities the time set, from the fees paid by direct debit and confiscation can be."

4. in article 26, paragraphs 2 to 4 get the paragraph titles (5) to (7), be preceded by the following paragraphs 1 to 4:

"§ 26 (1) is the registration fee with the registration of ownership and construction law - except in the cases of the flag - and note the justification of the flag to the acquisition of property and building law of the value of each to be entered right to calculate. The value is determined by the price, usually to achieve would be in the ordinary course of business for a sale.

(2) the party has to quantify the value of the to be right (para 1) entrance to the input, to provide the necessary information to determine of the value and to certify that the plausibility by submitting appropriate documentation to the inspection.

(3) If no exceptional circumstances exist, which evidently had influence on the consideration, the value of the consideration as the basis of assessment to be used 1 when a purchase is listed below acquisition operations the purchase price plus the benefits acquired by the purchaser and the reserved the seller uses, 2. a purchase against recurring cash benefits, if the total amount of payments not beforehand is established , the capital value, 3. at power on payment instead of the value that the performance on payment accepted will be held, 4th at the expropriation compensation.

Loads to be added, which rest on the land, as far as they go over to the purchaser by operation of law are of consideration.

(4) if the details of assessing the reasonableness for duly certified are considered, the party can be prompted to present of another Bescheinigungsmittel. The party does not meet one such order without reasonable grounds or the numbering made by you after suspension is obviously not the paragraphs 1 to 3, the value of the to be entered right, taking into account the present Bescheinigungsmittel is so free opinion to appreciate. In this case, a fine is to be paid up to 50% of the registration fee as determined. the fine may not exceed 400 euros."

5. paragraph 26a together with the heading:

"Beneficiary transactions

Article 26a. (1) the triple unit value is derogation from section 26 for the calculation of the registration fee listed below beneficiary acquisition operations, to take 30% of the value of the to be right (§ 26 para 1), up to a maximum: 1 transfer of property to the spouse or registered partner, during valid marriage (partnership) or in connection with the dissolution of the marriage (partnership), to the partner, unless the spouse have a joint primary residence or have had , at a relatives or in-laws in a straight line on a stepchildren, choice - or foster child or their children, spouses or registered partners, or siblings, nieces or nephews of the carrier;

2. in the transfer of real estate due to a merger, conversion, contribution, real Division, Division or a merger of companies, due to an acquisition operation between a company and its shareholders or uniting of all shares of a partnership;

also applies to transmission immaterial shares in this land or real estate.

(2) a reduction of the basis of assessment occurs only if it is taken above the input with reference to the legal basis of claim. The conditions for the reduction of the tax base are by presenting appropriate documents to certify in particular through acknowledgements of main residence for life companions.

(3) the Federal Minister for Justice has the circumstances and modalities, taking into account the principles of a simple and cost-efficient administrative regulation for the information necessary for determining value according to § 26 para 2, for claiming the benefits pursuant to section 26a para 1 as well as for the certification pursuant to section 26a para 2 in accordance with the technical possibilities to determine."

6 paragraph 2a is eliminated § 30.

7. in article 31

(a) paragraph 1 reads:

"(1) is the claim of the Federation on a fee with the handing-over of the input (§ 2 No. 1 lit." a to c, e, h, j, Z 2 and 7) founded and is the fee not or not fully taught has been or is unsuccessful a confiscation of the Court or justice administration fees (§ 4 para 3 to 5), an additional amount of 20 euros is so from the persons obliged to pay in addition to the missing fee to rise."

(b) paragraph 2 the following sentence is added:

"An according to § 64 paragraph 1 Z 3 ZPO Attorney given in shall not be liable for the additional amount after paragraph 1."

(c) paragraph 3 reads:

"(3) the additional amount is referred to in paragraph 1 not to be paid if the payment of fees is made no later than on the day of the presentation of the entry on the account of the Court and the amount is received within ten days after the due date (§ 2) Court or is credited to the account of the Court."

(d) paragraph 5 reads:


"(5) in respect of registration fees for collective post 9 lit. b is referred to in paragraph 1 shall be paid if the debit and recovery is later than three months after registration remained wholly or partially unsuccessful. However no additional amount"

8. in article 31a, para. 1, first sentence, is the phrase "whose collective stated amounts" through the turn "§ 26 para 4 and § 31 para 1, note 8 to the collective post 7, note 1a and 6 amounts to collective post 9 and note 1a to the collective post 10" replaced.

9. in paragraph 32, the year is omitted "1962".

10. in the tariff post 9

a) Note 6 is as follows:

"6. If the registration fee according to the tariff post 9 lit. b Z 1 or 3 by direct debit and collect paid, so this fee 20 euros is reduced. ";

(b) is the title before notes 13 to 17:

"To d and e:"

(c) is in the note of 15 the phrase "If the fee for this is taught." by the phrase "If the fee for this is taught or granted the authorization for the fee collection is." replaced.

11. in note 20 to the collective post 10, the phrase is "If the fee for this is taught." by the phrase "If taught the fee for this or the authorisation for the collection of fees granted is." replaced.

12. in note 10 to the collective post 11 the phrase is "If the fee for this is taught." by the phrase "If taught the fee for this or the authorisation for the collection of fees granted is." replaced.

13. in the tariff post 14

a) eliminates the No. 4;

(b) be specified in note 1 the phrase "Collective post 14 Z 2 is Act guided to" by the phrase "14 Z 2 and 11 listed acts are collective post" and the phrase "If the fee for this is taught." by the phrase "If taught the fee for this or the authorisation for the collection of fees granted is." replaced.

14. in note 7 to the collective post 15 is the phrase "If the fee for this is taught." by the phrase "If taught the fee for this or the authorisation for the collection of fees granted is." replaced.

15. in article VI following Z 49 to 51 added: "49.
The sections 1, 2, 4, 26, 26a, 31, 31a and 32, as well as the tariff items 9, 10, 11, 14 and 15 as amended by the basic book fees amendment, Federal Law Gazette I no. 1/2013, with January 1, 2013 into force. § 30 shall para 2a with 1 January 2013 override. Article 2 subpara 1 lit. a and h, Z 6 and 7, § 31 para 1 as amended by the basic book fees amendment, are complaints, requests to apply inputs and processes, which are pending after December 31, 2012. Paragraphs 2 Z 4, 26, 26a and 31 para 5 and note 6 to the collective post 9 as amended by the basic book fees amendment, Federal Law Gazette I no. are 1/2013, to apply to entries received after December 31, 2012, at court. A registration is made after December 31, 2012, due to a command that already received prior to January 1, 2013 in court, the claim of the Federation on the fee in deviation from § 2 creates Z 4 with 31 December 2012. Note 1 the tariff post 14 as amended by the basic book fees amendment, Federal Law Gazette I no. is 1/2013, to apply when the application received after December 31, 2012.

50th for calculating self, cases that occurred before January 1, 2013, paragraphs 2 Z 4, 4 paragraph 5a are 26, 26a, and 30 paragraph 2a in the version before the basic book fees amendment, Federal Law Gazette I no. 1/2013, continue to apply. in these cases, the due date of the registration fees occurs on December 31, 2012.

"51. § 31a amended the basic book fees amendment, Federal Law Gazette I no. 1/2013, is up there with reference to § 26 para 4 and 31 para 1, notes 1a and 6 amounts to rate post 9 and note 1a to the collective post 10 shall apply, that starting point for the realignment of these amounts was published for March 2011 final index number of the of the Federal statistics 2000 is Austria of suggested consumer price index."

Article 2

Change of court bringing law

The Court transfer law, BGBl. No. 288/1962, amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. in article 6, paragraph 1, the sentence is omitted "is a completely or partially failed attempt of the toll is preceded by withdrawal and recovery of the payment order, a further amount of 6 euros to cover is so the debtor in addition to levying fees incurred expenses on bank charges to impose the Federal Government from the chargeback.".

2. paragraph 7 subsection 5:

"(5) the determination depends on court fees by the outcome of a tax, so the decision can be suspended until final procedure."

3. in article 19a the following paragraph 10 is added:

"(10) sections 6 (1) and 7 paragraph 5 as amended by the basic book fees amendment, Federal Law Gazette I no. 1/2013, come January 1, 2013 in force." § 7 para 5 shall apply if the request for amendment is introduced after December 31, 2012."

Article 3

Change of the real estate transfer tax act 1987

The real estate transfer tax act 1987, Federal Law Gazette No. 309/1987, as last amended by the Federal Act Federal Law Gazette I no. 116/2012, is amended as follows:

1. paragraph 12:

"§ 12. The party representative is authorized to declare that a self calculation referred to in section 11 has been carried out and the real estate transfer tax pursuant to clause 13 is discharged to the basic book Court per acquisition process. The Declaration that a self calculation referred to in article 11 is carried out, must be handed even if no tax accrues; This obligation only transactions in accordance with article 3, paragraph 1 excludes Z 1 lit b."

2. in article 13, paragraph 1 does not apply:

(a) in the fifth set of last half sentence;

(b) in the sixth sentence the phrase "and the registration fees to the court fees Act".

3. § 16 is eliminated along with heading.

4. in article 18 the following paragraph 2 is added l:

"(2l) sections 12 and 13 as amended by the basic book fees amendment, Federal Law Gazette I 1/2013, will take no. 1 January 2013 effect and are to apply to all transactions for calculating self according to § 11 after December 31, 2012 is made." § 16 occurs at the end of 31 December 2012 override, but continue to apply to transactions for which a self calculation in accordance with § 11 prior to January 1, 2013 has been carried out."

Article 4

Amendment of the Federal law on the buildings and dwellings

The Federal Act on the buildings and apartment, Federal Law Gazette I no. 9/2004, amended by Federal Law Gazette I no. 125/2009, is amended as follows:

1 § 7 para 2 No. 4 is: "4. the Federal Ministry of agriculture and forestry, environment and water management at the data in accordance with section A-Z 1 to 7 and 9, section B, section C, section D, part E Z 4 and 6 to 8, section F Z 1 to 6 and 7 (restricted to the data of the section D, section E Z 4 and 6 to 8 and section G Z 1)" (, 3, 5 und 6 der Bauvorhaben), section G Z 1, 3, 5 and 6, and section H 1, 2, 4, 6 and 8 to 25 of the system; "

2. § 7 para 2 Z 5 is: "5. the Federal Minister of finance to the data referred to in point B Z 1, 3 to 7, section C, section D Z 2 to 7, 9 to 11, 13, section E Z 1 to 4, 6 and 8, section F Z 1 to 6, 7 (restricted to the data of the section D Z 2 to 7)" (, 9 bis 11, 13, des Abschnittes E Z 1 bis 4, 6 und 8 und des Abschnittes G Z 1 bis 3, 5 und 6 der Bauvorhaben), Nos. 8 and 9, and section G Z 1 to 3, 5 and 6 of the installation; "

3. in section 7 para 2 No. 7 the point is a semicolon replaced and following Z 8 to 10 added: "8 the Minister of Justice on the data in accordance with section A-Z 1-9, B-Z 1 to 7, section C Z 1 and 2, section D Z 1 to 7, 10, 11 and 13, section E Z 1 to 3 and 5 to 8" , Section F Z 1 to 6, 7 (restricted to the data of the section D Z 1 to 7, 10, 11 and 13, section E Z 1 to 3 and 5 to 8 and section G Nos. 1, 2, 4 and 5), 8 and 9, section G Nos. 1, 2, 4 and 5 and section H Z 4 of the plant;

9. the main Association of social security institutions on the data referred to in point B Z 1, 3, 4, 6, 7, section D Z 2, 3, 5 to 7, 9 to 11, 13, section E Z 1, section F Z 1-6, 7 (restricted to the data of the section D Z 2, 3, 5 to 7, 9 to 11, 13, of section E Z 1 and section G Z 1 of the construction projects) , Nos. 8 and 9 and section G Z 1 of the annex;

"10 the Federal Monument Office on the data in accordance with section A-Z 1 to 7 and 9, section B Z 1 to 3 and 7, section C Z 1 and 2, section D Nos. 1, 3, 5 to 7 and 12, section F Z 1 to 4, 6 and 8, section H Z 1 to 25 of the plant."

4. in article 11 the following paragraph 8 is added:

"(8) section 7 para 2 Z 4-10 as amended by Federal Law Gazette I no. 1/2013 effective with January 1, 2013."

Article 5

Enforcement measures

§ Can be adopted from the day following the announcement of this Federal Act 1 regulations for the enforcement of this Act. The same applies to policies and other organisational and technical measures in preparation of the timely implementation of this federal law. The regulations and directives may however not be used before the perform Act provisions in effectiveness.

Fischer

Faymann