According to the previously prevailing view, a property located in Germany that was transferred in the event of an inheritance was even subject to German inheritance tax if both testator and heir lived abroad. For these cases, Germany´s highest tax court BFH has now opened up an interesting design option with its current judgment (4 […]
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Compensation bonus for inflation – a boon for all?
The German government has adopted a number of measures to cushion the burden of soaring energy prices in the wake of the Russian military aggression. These include the so-called “compensation bonus for inflation”. The compensation bonus for inflation is a way for companies to pay their employees a tax- and social security-free bonus to mitigate […]
Time to act? Gift tax valuations of real estate increase from 2023
Is it advantageous to transfer real estate before the end of the year? The Annual Tax Act 2022 contains numerous adjustments which will have a severe impact on many real estate valuations from 2023 onwards. The legislator has included this, somewhat hidden away, in the Annual Tax Act 2022, while the effects of the changes […]
Extension of the deadline for submitting the property tax return
Good news, the deadline for the property tax return has now been postponed to the end of January 2023. We are your professional contact for this topic and will gladly answer your questions or take care of the necessary formalities for you. Electronic submission of the new property tax return has been available since July […]
Good for the environment… good for the employee
As of July 1, 2022, approximately 756,000 electric vehicles were registered on our German roads. The trend is continuously rising. It is no rarity for employers to consider providing their employees with either an electric or hybrid vehicle as a company car for both business and private travel. More often than not the fiscal characteristics […]
Donation or inheritance of rented real estate for residential purposes
10% valuation discount now also for properties located in third countries? If real estate is given away or inherited, this process is subject to gift or inheritance tax. If the property is rented for residential purposes and is part of private assets, there is a statutory deduction of 10% on the gift tax value. The […]
Tax structuring beyond the inheritance
Reduction of income tax from the sale of assets of the estate by offsetting payed inheritance tax, 35b EStG In the case of inheritance, the estate is subject to inheritance tax. Here, the inheritance tax value of the estate is evaluated according to the Valuation Act and then taxed with inheritance tax. Subsequent sales of […]
The family home as a vehicle for gift tax-optimized asset transfers
“Home sweet home” Spouses have a total allowance of EUR 500,000 for gifts and in the event of inheritance for all transfers from one spouse to the other within a period of 10 years. Transfers between spouses above this amount basically trigger donation or inheritance tax. A significant exception to this is the gift of […]
The material value method – the standard land evaluation
If real estate is transferred as a gift or as part of an inheritance, these transactions are subject to gift or inheritance taxation. These properties must be evaluated to obtain the tax “value” of such property transfers. In these cases the evaluation law (Bewertungsgesetz) basically provides three different options: the comparative value method, the earnings […]
Profit distributions from corporations no longer have to be made to all shareholders at the same time
Incongruent distribution of profits Profit distributions from corporations, e.g. GmbHs or AGs, are generally made in such a way that the profit to be distributed is allocated and distributed to the shareholders in proportion to their shares. In the past the BFH has already decided that, under certain conditions, it is possible to distribute the […]
Inheritance of domestic German assets by EU foreigners
The deduction of estate liabilities within cases of limited inheritance tax liability ECJ forces German tax authorities to take this into account If neither the heir nor the testator live in Germany, but domestic property located in Germany, such as real estate, is inherited, the question arises to what extent German inheritance tax is levied […]
Restructuring and separations of partnerships
Self-employed, especially freelancers such as doctors, lawyers, tax consultants, patent attorneys, management consultants, regularly join with others to practice their profession together. BGB companies or partnerships, are very often established for this purpose. Just as such companies are founded, separations also take place were either individual partners leave the existing partnership, or these are dissolved […]
Tax requirements for clearing accounts between cross-border affiliated companies (parent- / subsidiary companies)
Tax requirements for clearing accounts between cross-border affiliated companies(parent- / subsidiary companies) In the case of group structures, clearing accounts between the affiliated companies involved are to be regularly accounted for. On the one hand, service relationships between the affiliated companies are mapped via these clearing accounts. They are on the other hand, often used […]
Distribution of profits in the event of an association of freelancers, especially Partnerschaftsgesellschaft mbB
Tax advisors Alexia Huber & Partner Steuerberatungsgesellschaft mbB supports and advises numerous associations of freelancers on all questions relating to the determination of profits. Freelancers – especially doctors, dentists, lawyers, patent attorneys, architects, engineers, IT specialists, management consultants – often come together to pursue their professional activities together. This is regularly done by establishing a […]
Establishing a legal entity (GmbH) in Germany
A lot of our international clients at Alexia Huber & Partner Steuerberatungsgesellschaft choose Germany as a location for a subsidiary or a separate legal entity for their market presence in Germany and continental Europe. This is due to the fact that Germany is the biggest European market and its central location in Europe. We assist […]
Is an inheritance or gift tax to be assessed or already assessed always due immediately?
With inheritances or gifts, it is initially quite often not considered that tax authorities might also want their share of the acquisition. At this point, a possible joy about received assets is diminished again very quickly. But is a tax to be determined under the Inheritance Tax Act always due immediately? With offices in Munich […]