EnglishDeutsch
Austria flag

Austria

Inheritance Tax in Austria: Why It Was Abolished (and What Real Estate Still Costs)

By Recording Law Editorial Team10 min read
Inheritance Tax in Austria: Why It Was Abolished (and What Real Estate Still Costs)

Frequently Asked Questions

Is there still inheritance tax in Austria?

No. Austria abolished inheritance tax (Erbschaftssteuer) and gift tax (Schenkungssteuer) for any tax liability arising after 31 July 2008. The underlying law, the Erbschafts- und Schenkungssteuergesetz 1955, remains on the books but no longer produces a tax bill, because its inheritance and gift provisions were struck down by the Verfassungsgerichtshof and were never replaced.

When exactly was inheritance tax abolished in Austria?

The cutoff is 31 July 2008. The consolidated text of the law states that levies are no longer collected for a Steuerschuld arising after that date, so anyone who died or received a gift on or after 1 August 2008 owes no Austrian inheritance or gift tax on the transfer itself.

Do I owe any Austrian tax if I inherit cash, an investment account, or a car?

No. The abolition covers gratuitous transfers of money and most personal property outright. There is no percentage owed to the state and nothing to declare as taxable income simply because assets like these passed to you through an inheritance.

What tax applies if I inherit a house or apartment in Austria?

Real estate is where a cost still applies. The transfer is subject to Grunderwerbsteuer at a graduated rate on the Grundstückswert, plus a 1,1% Grundbuch registration fee once you are entered as the new owner. Neither of these is the old inheritance tax; both come from separate laws that were never abolished.

Is gift tax also gone in Austria?

Yes, gift tax was abolished the same way and on the same date as inheritance tax. However, a gift of real estate to a close family member is treated as a gratuitous acquisition and runs through the same Grunderwerbsteuer and registration fee that an inheritance of real estate would trigger, so gifting property early does not avoid these particular costs.

How is the Grunderwerbsteuer calculated on inherited property?

It is calculated on the Grundstückswert using three bands: 0,5% on the first 250,000 euros, 2% on the next 150,000 euros, and 3,5% on anything above 400,000 euros. Each band taxes only the portion of value that falls inside it, similar to how an income tax bracket works.

Who pays the Grunderwerbsteuer and registration fee, and when?

The heir who receives the property is responsible for both costs. They are assessed once the estate reaches the point where the property is being entered in the Grundbuch, which happens after the court concludes the Verlassenschaftsverfahren with its Einantwortung.

Is the tax based on the property's market value or its sale price?

Neither. Both the Grunderwerbsteuer and the registration fee are calculated on the Grundstückswert, a statutory formula value set under separate valuation rules. It can be higher or lower than what the property would actually sell for, so it should not be assumed to match an online estimate or the original purchase price.

Sources and References

  1. Erbschafts- und Schenkungssteuergesetz 1955 (consolidated text), VfGH repeal of the Erbschaftssteuer (BGBl I 9/2007) and Schenkungssteuer (BGBl I 39/2007); no levy for Steuerschuld arising after 31 July 2008(ris.bka.gv.at).gov
  2. § 7 Abs 1 GrEStG 1987, graduated Grunderwerbsteuer rate for gratuitous acquisitions including inheritance(ris.bka.gv.at).gov
  3. Gerichtsgebührengesetz (GGG), Tarifpost 9 lit b Z 1: 1,1% Grundbuch registration fee for entries of ownership(ris.bka.gv.at).gov
  4. § 797 ABGB, Einantwortungsprinzip: an inheritance may not be taken privately and passes only through the estate proceeding(ris.bka.gv.at).gov
  5. § 819 ABGB, Einantwortung and the heir's duty to register real estate ownership in the Grundbuch(ris.bka.gv.at).gov
  6. § 143 Abs 1 AußStrG, the Verlassenschaftsverfahren is opened by the court of its own motion once a death is known(ris.bka.gv.at).gov
  7. § 145 Abs 1 AußStrG, the Gerichtskommissär's Todesfallaufnahme records the estate's assets and debts(ris.bka.gv.at).gov
  8. § 1 GKoärG, notaries act as Gerichtskommissär in Verlassenschaftssachen on behalf of the district court(ris.bka.gv.at).gov
  9. § 2 Abs 1 GKoärG, the notary assigned under the district's Verteilungsordnung acts as Gerichtskommissär(ris.bka.gv.at).gov
Share: