Basic Book Fee Amendment - Ggn

Original Language Title: Grundbuchsgebührennovelle – GGN

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1. Bundesgesetz (Federal Law), which changes the Law of the Court of Law, the Judicial Introduction Act, the Land Advertising Tax Act and the Federal Act on the Register of Buildings and Housing (Grundbuchsollnovelle-GGN).

The National Council has decided:

Article 1

Amendment of the Court Fees Act

The court fee law, BGBl. No 501/1984, as last amended by BGBl. I No 64/2012, shall be amended as follows:

1. In § 1

(a) shall be referred to in paragraph 1 after the "Courts" the twist ", Public Prosecutors" and after the word "Inputs" the twist "as well as the management of the public books, collections of documents, as well as the insightful registers" inserted;

(b) the following sentence shall be added to paragraph 2:

" The fees for queries from public books, collections of documents, as well as eligible registers and other IT applications from the tariff, shall be calculated in such a way as to at least the current costs and a reasonable surcharge to the Cover maintenance, backup and further development costs. "

2. In § 2

a) is Z 1 lit. a:

" (a)

in the case of the civil proceedings of the first instance, with the submission of the action, in the procedures referred to in Notes 1 and 2 to the tariff post 1, with the submission of the application, in the case of log arants with the beginning of the minutes, for Comparisons in all proceedings with the assessment by the decision-making body; "

(b) no 1 lit. d;

c) is Z 4:

" 4.

in respect of the fees for entry in the public books or in the register of ships, with the entry of the registration; "

(d) in Z 6 the line is replaced by a dash and the following turn is added:

" with regard to the one in the tariff post 11 lit. c) the official acts referred to in the NTG; "

e) will be the turn in Z 7 "tariff post 14 Z 3, 4, 8 to 11 and 13 to 15" through the turn "tariff post 14 Z 2, 3, 8 to 11 and 13 to 15" replaced;

3. § 4 reads:

" § 4. (1) The fees under this Federal Act and other amounts to be entered in accordance with the GEG may be charged by using bank cards with ATM or credit cards, by deposit or by transfer to the account of the competent court or by credit card. Cash payment shall be paid to this court.

(2) If the federal claim is based on the fees charged with the submission of the input, the payment of the fees shall be proved by fixing a document on the written record.

(3) All charges may also be paid by debit and confiscation, if the judiciary is empowered to collect the fees on one of the judicial accounts and the input is the indication of the account from which the fees are to be recovered; and it may contain the maximum amount to be deducted. By specifying the account from which the court fees are to be collected or the legal code under which an account for confiscation of the court fees is stored, is deemed to be the consent to the fee collection within the meaning of § 34 ZaDiG.

(4) If an entry is made in the path of electronic legal traffic (§ § 89a to 89d GOG), those fees in which the federal claim is based on the fees charged with the submission of the input (including the fees according to Tariff post 10 Z I lit. In this case, a maximum amount to be deducted must not be indicated.

(5) The flat fee for the additional entry into the court expert's and court interpreters ' list pursuant to § 3a (5) SDG is to be paid in accordance with this provision by debit and confiscation.

(6) The Federal Minister for Justice has, in accordance with the principles of a simple and economical administration by the regulation, the circumstances for the proof of the payment of fees (paragraph 1). 2) as well as for the debiting and drawing-up procedure (para. 3 to 5). In the case of the debiting and recovery procedure, a judicial account must be determined and determined in accordance with the technical possibilities of the date on which charges may be paid by debit and confiscation. "

(4) In § 26, paragraphs 2 to 4 shall be awarded the sales names "(5)" to "(7)" , the following paragraphs 1 to 4 shall be preceded by:

" § 26. (1) The registration fee is in the case of the registration of the right of ownership and the building law-except in the cases of the reservation-as well as in the case of the remark of the justification for the acquisition of the property and the building law of the value of the respective to the right to be entered. The value is determined by the price that would normally be achieved in the ordinary course of business in the case of a sale.

(2) The party shall have the value of the right to be entered (par. 1) at the beginning of the entry, to make the information necessary for the determination of the value and to certify it by presenting suitable documents for checking the plausibility.

(3) Where there are no exceptional circumstances which have obviously had an influence on the consideration, the value of the consideration shall be used as the basis for the calculation of the value of the consideration given below in the following cases of employment,

1.

in the case of a purchase, the purchase price plus the other benefits paid by the buyer and the uses reserved to the seller,

2.

in the case of an acquisition against recurring cash benefits, if the total amount of the payments is not pre-determined, the capital value,

3.

in the case of a payment in payment instead of the value at which the payment is accepted in place of payment,

4.

in the case of expropriation, the compensation.

The consideration shall be added to charges which rest on the property as far as they are transferred to the acquirer by law.

(4) If the plausibility check information is not deemed to be sufficiently certified, the party may be invited to submit further certification funds. If the party fails to comply with such a contract without sufficient reason, or if the reference made by the party is manifestly not in accordance with the provisions of paragraph 1 to 3, the value of the right to be entered shall be taken into account of this type of attrition, according to free conviction. In this case, a fine of up to 50% of the registration fee thus determined shall be paid; however, the administrative penalty shall not exceed EUR 400. "

Article 26a and headline reads as follows:

" Beneficiaries

§ 26a. (1) By way of derogation from § 26, for the calculation of the registration fee, the three-fold unit value, but not more than 30% of the value of the right to be entered (§ 26 para. 1), shall be used for the following beneficiary transactions:

1.

in the case of a transfer of a property to the spouse or registered partner during upright marriage (partnership) or in connection with the dissolution of the marriage (partnership), at the partner's life, provided that the life risks of a common have or have had their principal place of residence, a family or a child, a child or a child, a spouse or a registered partner, or any siblings, nieces or nephews of the supercarrier;

2.

in the case of the transfer of a property on the basis of a merger, transformation, introduction, reallocation, division or concentration of companies, on the basis of a working process between a company and its partner, or on the basis of the association of all shares of a partnership;

this applies in each case to the transfer of ideal shares in these land or properties respectively.

(2) A reduction in the base of the assessment shall only occur if it is used at the beginning of the entry with reference to the legal basis. The conditions for the reduction of the tax base are to be certified by the submission of suitable documents, in case of life endangerment, in particular by confirmations about the main residence.

(3) The Federal Minister for Justice, taking into account the principles of a simple and economical administration by regulation, has the circumstances and modalities for the information required for the determination of the value in accordance with Article 26 (2), for the Use of the benefits pursuant to Article 26a (1) as well as for the certificates pursuant to Article 26a (2) to be determined in accordance with the technical possibilities. "

6. § 30 (2a).

7. In § 31

(a) is paragraph 1:

" (1) If the federal government is entitled to a fee with the submission of the entry (§ 2 Z 1 lit. a to c, e, h, j, Z 2 and 7) and the fee has not been or has not been provided in full or is an confiscation of court or judicial administrative fees (§ 4 para. 3 to 5) have not been unsuccessful, so is from the payment to collect a surplus of EUR 20 in addition to the missing fee. "

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

"A lawyer provided in accordance with Section 64 (1) Z 3 of the ZPO shall not be liable for the additional amount referred to in paragraph 1."

(c) paragraph 3 reads:

" (3) However, the additional amount referred to in paragraph 1 shall not be paid if the payment of the fees has been made at the latest on the date of submission of the input to the account of the court and the amount shall be paid within ten days of the due date (§ 2). the court has arrived or is credited to the court's account. "

(d) is paragraph 5:

" (5) In the case of registration fees in accordance with the tariff post 9 lit. However, there is no additional amount to be paid in accordance with paragraph 1 if the debit and confiscation has not been completely or partially unsuccessful until later than three months after the registration. "

8. In § 31a (1), first sentence, the word order shall be "the amounts mentioned in the tariff" through the turn "§ 26 (4) and (31) (1), Note 8 to subheading 7, notes 1a and 6 to subheading 9 and note 1a to the amounts listed in the tariff post 10" replaced.

9. In § 32 the annual number shall be deleted "1962" .

10. In tariff post 9

(a) Note 6:

" 6. If the registration fee is paid according to the tariff post 9 lit. b Z 1 or 3 shall be paid by debit and confiscation, this fee shall be reduced by EUR 20. ";

(b) the heading is in front of notes 13 to 17:

"To d and e:"

(c) in Note 15, the turn shall be "if the fee is to be paid for this." through the turn "if the fee is supplied for this or the authorization to enter the fee is granted." replaced.

11. In Note 20 to the collective bargaining post 10, the turn shall be: "if the fee is to be paid for this." through the turn "if the fee is supplied for this or the authorization to enter the fee is granted." replaced.

12. In note 10 on collective bargaining, the turn will be "if the fee is to be paid for this." through the turn "if the fee is supplied for this or the authorization to enter the fee is granted." replaced.

13. In tariff post 14

(a) no Z 4;

(b) in note 1, the word order shall be: "Collective act 14 Z 2 led by collective act" through the phrase "Tarie post 14 Z 2 and 11 acts referred to in the first subparagraph" and the turn "if the fee is to be paid for this." through the turn "if the fee is supplied for this or the authorization to enter the fee is granted." replaced.

14. In Note 7 to the tariff post 15, the turn shall be: "if the fee is to be paid for this." through the turn "if the fee is supplied for this or the authorization to enter the fee is granted." replaced.

15. In Art. VI the following Z 49 to 51 are added:

" 49.

§ § 1, 2, 4, 26, 26a, 31, 31a and 32 as well as the tariff items 9, 10, 11, 14 and 15 in the version of the Grundbuchstoll novella, BGBl. I n ° 1/2013, enter 1. Jänner 2013 in force. Section 30 (2a) enters into force with 1. Jänner 2013 repeal. § 2 Z 1 lit. a and h, Z 6 and 7 as well as § 31 (1) in the version of the basic booking fee novella, shall apply to complaints, applications, entries and procedures which are pending after 31 December 2012. § § 2 Z 4, 26, 26a and 31 (5) as well as the Note 6 to the tariff post 9 in the version of the Grundbuchstoll novella, BGBl. I No 1/2013, shall apply to entries which, after 31 December 2012, have been received by the Court of First Instance. If an entry is made after 31 December 2012 on the basis of an entry already before the 1. In January 2013, the Federal Republic of Germany shall apply for a fee in accordance with § 2 Z 4 of the Federal Republic of Germany and the Federal Republic of Germany on 31 December 2012. Note 1 on tariff post 14 in the version of the basic booking fee novella, BGBl. I No 1/2013, shall apply if the application is submitted after 31 December 2012.

50.

For cases of self-calculation, which are before the 1. In January 2013, § § 2 Z 4, 4 (5a), 26, 26a and 30 (2a) are published in the version prior to the basic booking fee novella, BGBl. I No 1/2013; the maturity of the registration fees shall, in these cases, enter into force on 31 December 2012.

51.

Section 31a in the version of the basic booking fee novella, BGBl. I No 1/2013, shall apply to the amounts referred to therein with reference to Articles 26 (4) and 31 (1), Notes 1a and 6 of the tariff post 9 and Note 1a to the tariff post 10, subject to the proviso that the initial basis for the re-establishment of these amounts shall be: Amounts the final index number of the consumer price index 2000 published by the Federal Statistical Office of Austria for March 2011 is. "

Article 2

Amendment of the Judicial Introduction Act

The Court Application Act, BGBl. No 288/1962, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In § 6 (1) the sentence is deleted " If the payment order has been preceded by a completely or partially failed attempt to collect the fee by debit and confiscation, the payer shall be charged a further EUR 6 in addition to the cancellation fee for the payment of the fee. to impose expenses on bank charges incurred by the Federal Government as a result of the rebooking. " .

2. § 7 (5) reads:

Where the provision of court fees depends on the outcome of a procedure relating to charges, the decision may be suspended pending the final conclusion of that procedure. '

3. In § 19a, the following paragraph 10 is added:

" (10) § 6 (1) and (7) (5) in the version of the Grundbuchstoll novella, BGBl. I n ° 1/2013, enter 1. Jänner 2013 in force. Section 7 (5) shall apply if the request for correction is submitted after 31 December 2012. "

Article 3

Amendment of the Basic Value Tax Act 1987

The Grunderwerbsteuergesetz 1987, BGBl. No. 309/1987, as last amended by the Federal Law BGBl. I n ° 116/2012, shall be amended as follows:

1. § 12 reads:

" § 12. The party representative has the power to declare to the Basic Court of Appeal for each transaction that a self-calculation has been carried out in accordance with § 11 and that the basic advertising tax is paid in accordance with § 13. The declaration that a self-calculation has been carried out in accordance with § 11 must also be made if no basic advertising tax is obtained; from this obligation only labour transactions pursuant to § 3 (1) (1) (b) (b) are excluded. "

2. In § 13 (1) there is no:

(a) in the fifth sentence, the last half-sentence;

(b) in the sixth sentence, the phrase "and the registration fees according to the court fee law" .

3. § 16 shall not be included in the title.

4. In § 18, the following paragraph 2l is added:

" (2l) § § 12 and 13 in the version of the Grundbuchstoll novella, BGBl. I n ° 1/2013, enter 1. January 2013 shall apply to all transactions for which the self-calculation according to § 11 is carried out after 31 December 2012. § 16 shall expire on the expiry of 31 December 2012 but shall continue to be applied to transactions for which a self-calculation according to § 11 before the 1. Jänner 2013 was made. "

Article 4

Amendment of the Federal Act on the Register of Buildings and Housing

The Federal Act on the Building and Housing Register, BGBl. I n ° 9/2004, as last amended by the Federal Law BGBl. I No 125/2009, is amended as follows:

1. § 7 para. 2 Z 4 reads:

" 4.

The Federal Minister for Agriculture, Forestry, the Environment and Water Management on the data referred to in Section A Z 1 to 7 and 9, Section B, Section C, Section D, Section 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 and 6 of the construction projects), section G Z 1, 3, 5 and 6, and sections H 1, 2, 4, 6 and 8 to 25 of the plant; "

2. § 7 para. 2 Z 5 reads:

" 5.

the Federal Minister of Finance for the data referred to in Section 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 Section D Z 2 to 7, 9 to 11, 13, section E Z 1 to 4, 6 and 8 and section G Z 1 to 3, 5 and 6 of the construction projects), Z 8 and 9, as well as section G Z 1 to 3, 5 and 6 of the plant; "

3. In Section 7 (2) (7) (7), the point shall be replaced by a stroke, and the following Z 8 to 10 shall be added:

" 8.

The Federal Minister of Justice for the data referred to in Section A Z 1 to 9, Section 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 Z 1, 2, 4 and 5), 8 and 9, section G Z 1, 2, 4 and 5 as well as section H Z 4 of the plant;

9.

the main association of social insurance institutions to the data referred to in Section 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 to 6, 7 (restricted to the data of Section D Z 2, 3, 5 to 7, 9 to 11, 13, section E Z 1 and section G Z 1 of the construction projects), Z 8 and 9, and section G Z 1 of the installation;

10.

the Federal Monuments Office for the data referred to in Section A Z 1 to 7 and 9, Section B Z 1 to 3 and 7, Section C Z 1 and 2, Section D Z 1, 3, 5 to 7 and 12, Section F Z 1 to 4, 6 and 8, and Section H Z 1 to 25 of the Appendix. "

4. In § 11, the following paragraph 8 is added:

" (8) § 7 sec. 2 Z 4 to 10 in the version of the Federal Law BGBl. I No 1/2013 will be 1. Jänner 2013 in force. "

Article 5

Full-education measures

§ 1. Regulations for the enforcement of this federal law can already be issued from the day following the presentation of this federal law. The same applies to guidelines and other organisational and technical measures for the preparation of the timely implementation of this federal law. However, the regulations and directives must not be put into effect before the legislation is to be implemented.

Fischer

Faymann