Possibility of proving the lower fair value (§ 220 para. 2 BewG)

German tax law currently recognises an exit tax for shares in corporations: if a person with unlimited tax liability in Germany hAs a result of various legal proceedings concerning property valuation for the purposes of the (new) property tax, a provision is to be included in the Valuation Act which is intended to enable taxpayers to prove that the value of their property is lower than the assessed property tax value and to obtain its assessment if the proven lower market value is at least 40 % lower than the property tax value assessed by the tax office. In particular, a purchase price realised in the ordinary course of business within one year before or after the main assessment date can also serve as evidence.

The regulation is to enter into force on the day after its promulgation.