In the area of property law we advise our clients – who include both wealthy private clients as well as large international property funds – on all property-related civil and tax law issues across all our disciplines.
We are at our clients’ side throughout the acquisition and sale of real estate or real estate companies, beginning with the extensive legal and tax assessment of the real estate (due dilligence review), through the preparation and negotiation of the property purchase agreement and on to post-contractual implementation of the agreement. When purchasing real estate, which is rented out commercially, a long-term lease agreement with a tenant, who has a good credit rating, is instrumental in determining the value of the property. This must be reviewed particularly carefully when undertaking a due dilligence review on the part of the purchaser.
In terms of tax, the value added tax (Umsatzsteuer) aspects as well as the land transfer tax (Grunderwerbssteuer) aspects require consideration. We are well-versed in tax-efficient structures. With many years of experience, our lawyers and tax advisers are particularly specialized in transactions involving large complex properties:
- Providing advice on the property through to exit
- Developing tax-efficient acquisition structures
- Restructuring property portfolios
- Tax and legal advice on the establishment of G-REITs (German Real Estate Investment Trusts) and Vor-REITs (Real Estate Investment Trusts which are not yet ready for the capital market) (particularly the legal and tax structure for transferring properties in the REIT)
- Changing the accounting to IFRS
- Developing concepts for, and preparing, the accounts required for a stock market flotation (consolidated and interim accounts, combined financial statements, pro-forma financial information)