When is one the Beneficial Owner of Real Estate?

Bachmann/Partners Law Partnership has recently assisted a taxpayer in a case concerning whether the taxpayer was the beneficial owner of real estate. The Tax Agency had ruled that the taxpayer was the beneficial owner of the property. After substantial documentation regarding the establishment of ownership and the ongoing operation of the property was presented, the Tax Agency’s decision was overturned by the tax appeals board. Subsequently, the taxpayer was to be considered only as the formal owner and therefore should not be subject to capital gains tax upon disposal of the formal ownership share.