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The sale of immovable property on the territory of the Slovak Republic in terms of income tax

Finance

Income of a natural person from the sale of immovable property in the territory of the Slovak Republic is subject to personal income tax. The income tax liability is settled by means of a tax return.
  1. What procedures does this information concern? What are the benefits of following it thoroughly?
  2. What should citizens expect – everything about taxation
  3. Examples of taxation
  4. Who should citizens contact when they need assistance or advice?
  5. What sanctions are applicable for non-compliance with obligations?

1. What procedures does this information concern? What are the benefits of following it thoroughly?

If you are a EU citizen and you have sold a property on the territory of the Slovak Republic, the income from the sale is taxable on the territory of the Slovak Republic, under the double taxation convention with the relevant EU state. Taxation of income from the sale of immovable property on the territory of the Slovak Republic is governed by Act No 595/2003 on income tax (only in Slovak).

2. What should citizens expect – everything about taxation

Taxation of income

The income of a natural person from the sale of immovable property on the territory of the Slovak Republic is subject to personal income tax unless a tax exemption on the income applies.

The tax liability is settled by means of a tax return, if the obligation to file one arises.

Income tax exemption

Income from the sale of immovable property on the territory of the Slovak Republic may be exempt from income tax, if conditions provided by law are met. In particular, a tax exemption depends on the assessment of the period of ownership of immovable property, method of acquisition and its inclusion in (exclusion from) business assets.

Immovable property was not included in business assets

Income from the sale of immovable property is exempt from tax:

  • If the sale takes place after the expiry of a 5-year period from the acquisition of ownership of the immovable property;
  • if you acquired the immovable property by inheritance in direct succession (such as from parents) and the sale takes place after the expiry of a 5-year period from the acquisition of ownership of the immovable property or co-ownership of the testator(s).

Immovable property was included in business assets

Income from the sale of immovable property is exempt from tax, if it was sold after the expiry of a 5-year period from its exclusion from business assets.

Exempt revenues are not included in the tax return, nor taxed.

Taxation procedure

Taxable income from the sale of immovable property is reduced by tax expenses and the tax base (income minus expenses) is to be reported.

Such reported partial personal income tax base may not be reduced further by any non-taxable portions, i.e. the partial tax base is in full amount subject to personal income tax.

Tax expenditures

Income from the sale of immovable property may be reduced by tax expenses:

  • For immovable property acquired by purchase, the documented purchase price paid is treated as expenses.
  • For immovable property acquired by inheritance, the price in the decision on inheritance is treated as expenses.
  • For immovable property acquired by donation, the price of the immovable property identified in an expert's report at the time of donation, if any income from a hypothetical sale by the donor at the time of the donation was exempt from tax, is treated as expenses. If income from the sale by the donor was not exempt from tax, the purchase price identified on the part of the donor is treated as expenses.
  • For property that was included in business assets, the residual price is treated as expenses.
  • For immovable property acquired by own construction, documented expenses incurred for the acquisition of the property or its production under one’s own expenses, is treated as expenses.
  • Documented costs relating to the technical improvement, repair and maintenance of the property including other expenses associated with the sale of the property.
  • Interest on a mortgage or construction loan related to the acquisition of this property.

Tax rate

The personal income tax base in Slovakia is taxed at the income tax rate:

  • 19 % of the tax base up to the amount of 176.8 times the applicable subsistence level, which represents the amount of EUR 37 981,94 in 2021,
  • 25 % of the tax base over the amount of 176.8 times the applicable subsistence level, which represents the amount of EUR 37 981,94 in 2021.

Tax return

Obligation to file a tax return

You are obliged to file a personal income tax return if the sum of all your taxable income earned on the territory of the Slovak Republic for the year 2021 exceeds the amount of EUR 2 255,72.

If you only earned income from the sale of immovable property in the Slovak Republic, which is exempt from income tax, you are not obliged to file a tax return in the Slovak Republic.

Tax return form

To declare income from the sale of immovable property, use the personal income tax return (only in Slovak) form (type B).

Filing deadline

You are obliged to file a tax return by the end of March after the end of the calendar year in which you received the taxable income from the sale of immovable property.

Where to file a tax return

You can file the tax return in person at any tax office, at its branch, contact point or send it by post to the tax office.

Tax payment

The tax must be paid to the tax administrator’s account number maintained for the taxpayer, as provided by the Tax Office by post.

You are obliged to pay the tax:

  • within the deadline for filing the tax return, if you receive the account number within the tax return filing deadline.
  • If you do not receive the tax administrator’s account number maintained for the taxpayer within the filing deadline, you are obliged to pay the tax within 8 days from receiving the notification of the tax administrator´s account number.

3. Examples of taxation

1.           In March 2021, a taxpayer sold a piece of land inherited from his father upon his death in December 2017. The taxpayer’s father (testator) acquired the piece of land by purchase in December 2007.
This income from the sale of the land is exempt from tax, as more than 5 years passed between the acquisition of the land by the testator (father) and the sale of the land by the taxpayer.

2.           In December 2017, the taxpayer purchased a flat for EUR 60 000 and renovated it in 2018 (renovation costs amounted to EUR 10 000). In March 2021, the taxpayer sold the flat for EUR 80 000. The flat was not included in the taxpayer’s business assets.

This income from the sale of the flat is not exempt from income tax as the condition for tax exemption – 5-year period of ownership – is not met. In the tax return, the taxpayer will include income from the sale of the flat in the amount of EUR 80 000. As expenses relating to the income from the sale of the flat, the seller may claim: the documented purchase price paid for the flat at its acquisition (EUR 60 000), documented expenses for its renovation (EUR 10 000), or other documented expenses relating to the sale of the flat. If expenses relating to income from the sale of the property are higher than the achieved income, the difference is disregarded.

See the website of the Financial Directorate of the Slovak Republic (source number 1, source number 2) (only in Slovak) for more information and questions on taxation of income from the sale of immovable property.

4. Who should citizens contact when they need assistance or advice?

Essential information is available on the website of the Financial Administration.

For further information, contact us via the contact form (only in Slovak).

5. What sanctions are applicable for non-compliance with obligations?

Sanctions for non-compliance with obligations (only in Slovak)

The tax administrator will impose a fine from EUR 30 to EUR 16 000 for the failure to file a tax return. To determine the amount of the fine, the tax administrator will consider the severity, duration, and consequences of the irregularity. 

Explanatory laws:

Last modified: 17. 1. 2022
Publication date: 25. 9. 2020

The responsible person:

Ministry of Finance of the Slovak Republic
+4212 5958 1111
podatelna@mfsr.sk

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