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Replacement Purchase (Cserepótló Vétel)

  • Purpose of the legal institution: A replacement purchase — referred to in the legislation in force as a “purchase substituting for an exchange” (cserét pótló vétel) — exempts private individuals who sell their home and buy a new one from the 4% property transfer duty payable on the full market value.
  • Differential duty base: When a more expensive home is purchased, only the positive difference between the market value of the property sold and that of the property acquired forms the duty base. When a lower-value home is purchased, the transaction is entirely exempt from duty.
  • Time limits: The relief may be claimed if the sale takes place within 5 years before the purchase of the home, or within 1 year after the purchase.
  • Scope limitation: The rule applies exclusively to properties registered in the real estate register as a dwelling house or flat, or to structures that have reached the roof-structure stage; building plots, holiday homes, resort properties and garages are excluded.
  • One-to-one principle: Against a single purchased home, the value of only one previously sold home may be taken into account; the sale prices of several properties cannot be combined.
  • Precedent-setting case law: According to court practice, a forced sale (official auction) may also give rise to the relief, and the exchange of separate dwellings held in undivided joint ownership may likewise be taken into account.

What is the essence and legal background of the replacement purchase on the property market?

On the Hungarian housing market, more than one hundred thousand sales are concluded each year, and turnover has picked up in recent years. The vast majority of these transactions are entered into by natural persons who finance their next housing solution from the sale of their existing property assets, so optimising the public charges on the acquisition of property is a vital interest for them.

The legal institution known in everyday language as cserepótló vétel (replacement purchase) is officially termed in the statute a “purchase substituting for an exchange” (cserét pótló vétel). The rules are contained in Act XCIII of 1990 on Duties (the Duties Act), Section 21, which, as a special provision, breaks through the general regime of duty assessment. As a general rule, the rate of the property transfer duty is 4% of the market value per property up to HUF 1 billion and 2% on the part exceeding that, but not more than HUF 200 million (Act XCIII of 1990, Section 19(1)). On grounds of equity, the legislature exempts the home buyer from the obligation to pay on the full value of the asset where the purchase in fact serves to give up and replace a previous home. Accordingly, the duty base is not the full purchase price but the difference between the market value of the property sold and that of the property purchased.

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What statutory conditions apply to claiming a purchase substituting for an exchange?

The application of the relief is subject to strict legal and personal conditions; in their absence the National Tax and Customs Administration assesses the property acquisition duty on the full market value.

Who is entitled to the relief under the personal conditions?

Under the provisions of the Duties Act, only natural persons, that is, private individuals, may take advantage of the relief for a purchase substituting for an exchange (Act XCIII of 1990, Section 21(2)). Where a home is acquired by a business company, foundation, association or other organisation with legal personality, the relief cannot be applied; in their case the 4% duty rate on the full market value remains applicable.

Which properties fall within the statutory concept of residential property?

The statute expressly narrows the material scope of eligibility for the relief to the acquisition and sale of residential property. Only a building or part of a building registered in the real estate register under the designation of dwelling house or flat qualifies as residential property, including a structure that has reached the shell-completed state — that is, has a roof structure — together with the land parcel belonging to it (Act XCIII of 1990, Section 102(1)(f)).

The relief cannot be applied if the asset sold or acquired is a building plot, weekend house, resort property, holiday home, closed-garden property, industrial facility, or a garage or storage unit registered under a separate land registry number. If a private individual sells a home and from the proceeds buys a building plot or a holiday home, the full 4% duty must be paid on the transaction.

What qualifies as a sale according to court practice?

To claim the relief, the earlier residential property must have been transferred for consideration. Titles of gratuitous acquisition, such as gift or inheritance, cannot form the basis of a replacement purchase.

Whether properties lost through an enforcement auction may be taken into account was a contested legal question for a long time. In the tax authority’s view, an auction constitutes an original acquisition of ownership within the system of the Civil Code (Act V of 2013), and therefore did not qualify as a contractual sale. In its precedent-setting judgment No. Kfv.V.35.027/2025/7, the Curia held that, on a teleological interpretation of Article 28 of the Fundamental Law, the concept of “sale” must be applied extensively. Since the duty payment obligation falls on the new owner who buys at the official auction, the duty relief for a purchase substituting for an exchange cannot be denied to the former owner who lost the property under compulsion either, when that person later buys a home.

How does marital community of property operate in the assessment of duty?

The civil law presumption of marital community property (Act V of 2013, Section 4:37) does not apply automatically in duty assessment proceedings. According to court practice, when establishing the duty base the tax authority proceeds, as a general rule, from the ownership shares recorded in the real estate register and does not examine the spouses’ internal property relations. If the property sold was owned exclusively by one spouse in a 1/1 share, the sale proceeds received may be set only against the ownership share newly acquired by that spouse and cannot reduce the duty base of the share acquired by the other spouse.

replacement purchase

Can the relief be claimed in the case of undivided joint ownership?

It often happens that several separate dwellings are located under one and the same land registry number and are legally held in undivided joint ownership. The Curia’s judgment No. Kfv.I.35.100/2023/7 made it clear that a purchase substituting for an exchange may also be applied where the home sold and the home purchased are physically located on the same property. In practice, proving this usually requires a written use-division agreement between the parties that precisely delimits the exclusive use and independent function of each dwelling.

Which deadlines and sequencing rules must be observed in the sale and purchase?

The statute precisely defines the time frame within which the sale and purchase transactions must take place for the relief to be recognised.

When do we speak of a past and when of a future sale of a home?

A private individual may rely on the rules on a purchase substituting for an exchange in two transaction sequences:

  • Past sale: An earlier residential property sold within 5 years before the acquisition of the new home may be taken into account in the duty base of the purchase.
  • Future sale: A residential property sold within 1 year after the acquisition of the new home likewise gives rise to the duty relief.

In the case of a future sale, the acquirer declares the intention to sell on form B400 when reporting the new property and requests the suspension of NAV’s procedure. The fact of the sale must be evidenced to the tax authority by the last day of the 13th month following the purchase, with a sale and purchase agreement endorsed by the land registry office.

How do the one-to-one principle and the right of choice work where there are several homes?

The basic principle of the legislation in force is that, against each individual purchase of a home, the value of only one home sold may be set off (Act XCIII of 1990, Section 21(4)). If the buyer sells several homes during the five-year period, their sale prices cannot be combined and set against the value of the new home.

The legislature has lifted the earlier strict restriction which mandatorily required the sale closest in time to the purchase to be taken into account. The buyer is entitled to choose freely, from among the homes sold within the five-year window, the one that results in the most favourable duty base — that is, the lowest positive difference or full exemption from duty.

How is the property acquisition duty calculated in practice?

When establishing the property acquisition duty, the tax authority proceeds not from the purchase price determined by the parties but from the market value of the properties not reduced by encumbrances (Act XCIII of 1990, Section 21(5)). The market value is based on comparative market data, which NAV may adjust, where necessary, by an on-site inspection or an expert estimate.

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How much duty must be paid when buying a more expensive or a cheaper property?

Two basic situations may arise in the calculation of duty:

  1. Purchase of a more expensive home: The market value of the home sold must be deducted from the market value of the home purchased. A 4% property transfer duty is payable on the positive difference.
  2. Purchase of a cheaper home: If the buyer purchases a home with a lower market value than the one sold, the difference is negative. In this case full exemption from duty arises by operation of law, and the amount of duty payable is HUF 0.

The financial effects of the transactions are shown in the comparative table below:

Type of property transactionMarket value of the home soldMarket value of the home purchasedCalculated duty baseStandard duty without reliefDifferential duty payableProperty acquisition duty saved
Buying a more expensive homeHUF 50,000,000HUF 75,000,000HUF 25,000,000HUF 3,000,000HUF 1,000,000HUF 2,000,000
Buying a cheaper homeHUF 65,000,000HUF 45,000,000HUF 0HUF 1,800,000HUF 0HUF 1,800,000
Exchange at equal valueHUF 50,000,000HUF 50,000,000HUF 0HUF 2,000,000HUF 0HUF 2,000,000
Duty without relief vs. actual differential duty Property transfer duty (4%) in three replacement-purchase scenarios Standard duty without relief Differential duty actually payable Duty (HUF) 3M 2M 1M 0 HUF 3,000,000 HUF 1,000,000 HUF 1,800,000 HUF 0 HUF 2,000,000 HUF 0 Buying a more expensive home Buying a cheaper home Exchange at equal value Property acquisition duty saved HUF 2,000,000 HUF 1,800,000 HUF 2,000,000 In all three scenarios the differential duty base cuts the payable duty substantially — and to zero where the new home is worth less than the one sold. Based on market values of HUF 50M / 75M, 65M / 45M and 50M / 50M.

In all three scenarios the differential duty base cuts the payable duty substantially — and to zero where the new home is worth less.

How does a usufruct affect the duty base?

In the case of a home acquired encumbered by a right of pecuniary value, most commonly a usufruct, the owner’s duty base is the market value reduced by the value of the right of pecuniary value (Act XCIII of 1990, Section 20; for the calculation of the value: Section 72). The one-year value of a right of pecuniary value is one twentieth, that is, 5%, of the market value. In the case of a lifetime right, the value of the right of pecuniary value is determined by the age of the usufructuary:

Age of the usufructuary at the time of acquisitionMultiplier appliedValue of the usufruct relative to the market value
Under 25 years of age10 times the one-year value50% of the market value
Between 25 and 50 years of age8 times the one-year value40% of the market value
Between 51 and 65 years of age6 times the one-year value30% of the market value
Over 65 years of age4 times the one-year value20% of the market value

A practical calculation example: A private individual buys a home with a market value of HUF 60,000,000, on which a lifetime usufruct is created in favour of his 62-year-old mother. The one-year value of the property is one twentieth of the market value, that is, HUF 3,000,000. Based on the 51–65 age bracket, the applicable multiplier is 6, so the value of the usufruct is: one-year value × 6 = HUF 18,000,000. The value of the ownership (the value of the substance) acquired by the buyer is accordingly: HUF 60,000,000 – HUF 18,000,000 = HUF 42,000,000. If the buyer takes into account, as a replacement purchase, a home previously sold for HUF 40,000,000, his duty base will be: HUF 42,000,000 – HUF 40,000,000 = HUF 2,000,000, on which, at the 4% rate, he pays only HUF 80,000 in duty. The usufructuary pays 4% duty on her own acquisition of HUF 18,000,000, unless she is entitled to a statutory personal exemption as a lineal relative.

What procedural steps are needed to report the relief to the tax authority?

The duty relief does not apply automatically; the acquirer must expressly declare his eligibility on the official form provided for this purpose.

replacement purchase

On which form and in what way must the request be submitted to NAV?

A purchase substituting for an exchange is reported on form B400 (marked B400e in electronic administration), which is typically submitted by the attorney drafting the agreement, together with the sale and purchase agreement, to the land registry office, which forwards it to NAV; in justified cases the report may also be made directly to NAV. If the earlier home has already been sold, a copy of the contract evidencing the sale must be attached to the form.

In the case of a future sale, the undertaking to sell and the request for the suspension of the procedure must be recorded in the box provided for this on the form. After examining the conditions, the tax authority issues a payment notice, and the duty assessed must be paid within 15 days of the payment notice becoming final.

What risks and late payment surcharge arise if the sale does not take place?

It carries a serious financial risk if the buyer is unable to sell his existing property within the one-year preclusive deadline, or fails to evidence the sale by the end of the month following that deadline. In such a case the tax authority terminates the suspension and imposes the 4% property transfer duty on the full market value of the property purchased.

Under Act CL of 2017 on the Rules of Taxation, a late payment surcharge may be charged on the unpaid duty from the due date, which places a significant financial burden on the taxpayer. If it becomes apparent that the old property cannot be sold in time, it is advisable to make a voluntary report to the authority before the deadline expires and to request payment in instalments on equitable grounds for the duty arising.

Frequently asked questions

Readers also ask these questions about this topic.

The two terms refer to the same legal institution; there is no difference in meaning between them. Cserepótló vétel is the expression established in everyday language, in the press and in property market practice, while cserét pótló vétel is the legal term used by the legislature in the Duties Act and on the official forms of the National Tax and Customs Administration. Both designations cover acquisition of property on a differential basis.

Both usages are accepted in official proceedings, but on submissions and payment notices the term cserét pótló vétel (purchase substituting for an exchange) is used officially (Act XCIII of 1990, Section 21). On form B400 the declaration must be made with reference to the statutory section.

Under the statute, a private individual may take into account, in the differential duty base, the market value of a home sold within five years before the purchase of the new home. If the purchase of the home takes place first, exactly one year from the conclusion of the contract is available for selling the existing residential property, which must be evidenced by the last day of the thirteenth month at the latest.

In the case of a prior sale, the date of conclusion of the sale and purchase agreements is decisive. In the case of a later sale, missing the one-year period entails, as a general rule, the loss of the relief, and the full duty becomes payable.

No; in this case the acquisition of property is entirely exempt from property transfer duty. If the market value of the newly acquired residential property is lower than that of the earlier home sold within five years or intended to be sold within one year, the calculated duty base is zero forints, so no payment obligation arises at all.

The absence of duty payable does not exempt the buyer from the reporting obligation. Form B400 must be submitted together with the contract, on the basis of which the tax authority records the zero-forint payment obligation in a decision.

No; the market values of several properties sold cannot be added together against a single purchase. Under the strict principle of the statute, only one residential property sold earlier or later may be paired with each home purchased. The acquirer may, however, freely select the most favourable sale transaction from among the homes sold within the five-year period.

The requirement that the sale immediately preceding the purchase in time be used has been deleted from the statute. As a result, if someone sold several homes within the five-year window, the highest-value one may be set against the new acquisition in order to achieve the lowest tax burden.

No; the statutory relief may only be applied to properties registered in the real estate register under the designation of dwelling house or flat, or to shell-completed residential buildings. In the case of the sale and purchase of a building plot, resort property, holiday home, industrial or commercial building, or a garage or storage unit registered under a separate land registry number, the replacement purchase relief is excluded.

If, in the course of the sale transaction, the buyer also purchases a parking space or storage unit registered under a separate land registry number alongside the home, the replacement purchase relief applies only to the duty base of the home; the full 4% duty is assessed on the non-residential premises.

If the private individual is unable to sell his existing home within one year after the purchase, NAV, in the absence of evidence, continues the suspended procedure. The authority imposes the four per cent property acquisition duty on the full market value of the newly acquired property, which must be paid increased by a late payment surcharge linked to the central bank base rate.

The buyer can mitigate the burden if, seeing that the sale is being delayed, he withdraws the request for suspension before the deadline expires. This may reduce the surcharge burden, and a request for payment in instalments may be submitted to the authority in respect of the amount assessed.

Yes; under a precedent-setting decision of the Curia, a home lost through an enforcement auction also gives rise to the duty relief for a purchase substituting for an exchange. The court held that the term “sale” in the Duties Act cannot be narrowed down exclusively to a classic sale and purchase agreement between the parties, and therefore the owner is entitled to the relief in the case of an auction as well.

To claim the entitlement, the enforcement auction protocol and the final decision ordering the transfer of ownership must be submitted to the National Tax and Customs Administration. The five-year time limit laid down in the statute applies without change to the date of the auction sale as well.

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About the author


Dr. László Bacskó, attorney at law – portrait

attorney at law | real estate law specialist

I have been practising as an attorney for more than 20 years, specialising in real estate law. I provide legal support to private individuals and businesses in property purchases and sales, gift contracts, condominium matters and other real estate issues.

  • Bar registration number: 36056659
  • University of Pécs
  • Real estate law specialist
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