Questão jurídica principal
Whether the Bern land transfer tax could be calculated on land price plus construction fee for a linked purchase and building contract.
Decisão extraída
Yes. Under Art. 6 and Art. 6a HPG, the tax base includes the total consideration, and a formal cooperation between seller and builder is not required.
Fundamentação extraída
The wording of Art. 6a HPG covers contracts linked so that a turnkey building is acquired. It is sufficient that the buyer's intent was to acquire such a property; the decisive point is whether the buyer still had free choice as to whether and how to build at the time of land acquisition.