As indicated above, the new tax regime in Article 45(5A) applies only in the event of a transfer of capital to the JDA. In case of conversion of capital into shares in the context of negotiation by the owner before the conclusion of a registered development contract, the advantage of Article 45 (5A), namely: The postponement of the tax debt until the date of completion of the project, not available and the capital gain resulting from the conversion and the commercial profit resulting from the sale / transfer of shares in the trade is taxable in accordance with Article 45 (2) of the Law. According to various court statements, in the case of JDA, the capital gain is realized in the year in which the contract is concluded with the developer in connection with the possession of land. However, there was no explicit provision in the Information Technology Act; But that is what the courts have interpreted. The point of controversy was therefore the year of income taxation. Whether it is the contract year or the year in which the landowner receives his share of the developer`s land. In the real estate sector, the model of the development agreement [`DA`] or the joint development agreement [`JDA`] has proven to be a popular agreement in which property owners and developers conclude a joint development agreement for the development of the property. Generally speaking, under this type of agreement, the landowner can: who abandons his country in favor of the developer by GeneralVollmacht {GPA} to develop / build the same at the expense and expertise of the developer, obtain a financial or non-monetary compensation in the form of either a lump sum consideration, or a certain percentage of the future sales proceeds of the project to be developed, or even a certain percentage of the built area in the future project or a mixture of the terms and conditions agreed between them. Sometimes the developer has given the landowner a lump sum as a refundable deposit upon entry into JDA. At the end of the development/construction, the landowner becomes a built area in the form of housing/shops, etc., which he can keep or even rent for his own use, or rent or sell directly to interested buyers. .
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