Speculation tax when selling property in Germany
7 min read · Updated 2026-06-01
The 10-year rule, the owner-occupier exemption and how the taxable gain is calculated — explained for sellers.
The 10-year rule
For privately held property the rule is: if more than ten years lie between purchase and sale, the gain is generally entirely tax-free. The dates of the notarised contracts are what count.
If you sell within the ten-year window, the gain can be taxable as a private disposal (§ 23 EStG) and is taxed at your personal income tax rate.
Exemption: owner-occupation
Even within the ten years the sale is tax-free if you used the property yourself — either continuously between purchase and sale, or in the year of sale and the two preceding calendar years.
For let properties this exemption does not apply, so timing the sale carefully can pay off.
How the gain is calculated
Roughly, the taxable gain is: sale price minus acquisition costs (purchase price plus incidental costs) minus value-adding investments and selling costs. For let properties, depreciation already claimed (AfA) increases the gain.
This is a general overview. Have your specific case checked by a tax adviser — the value report gives you a rough estimate as a starting point.
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