{"id":3862,"date":"2022-08-22T11:20:00","date_gmt":"2022-08-22T09:20:00","guid":{"rendered":"https:\/\/www.steuerberaterin-huber.de\/?p=3862"},"modified":"2022-08-22T11:20:00","modified_gmt":"2022-08-22T09:20:00","slug":"tax-structuring-beyond-the-inheritance","status":"publish","type":"post","link":"https:\/\/www.steuerberaterin-huber.de\/en\/tax-structuring-beyond-the-inheritance\/","title":{"rendered":"Tax structuring beyond the inheritance"},"content":{"rendered":"

Reduction of income tax from the sale of assets of the estate by offsetting payed inheritance tax, <\/strong>35b EStG<\/strong><\/p>\n

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.<\/p>\n

Subsequent sales of assets from this inherited estate may also be subject to income tax at the level of the heir.<\/p>\n

This may lead to an overlapping taxation with inheritance tax and income tax – thus resulting in an economic double taxation.<\/p>\n

The legislature has recognized this and created a regulation with \u00a7 35b EStG, according to which a pro rata reduction of the income tax from such a sale occurs in order to at least partially compensate for the double burden. However, the legislator has only regulated this for cases in which a sale takes place within 5 years of the inheritance.<\/p>\n

The fact that this reduction does not apply to later sales, even if the heir cannot do anything about a sale that is only possible at a later date – for example due to lengthy inheritance disputes – has now been expressly decided by the Hamburg Tax Court in a judgment dated August 23, 2021.<\/p>\n

\"geerbtes<\/p>\n

In the case of inheritance, this means that the heir should decide as soon as possible whether he wants to keep or sell inherited assets, insofar as they trigger income tax in the event of a sale.<\/p>\n

This applies in particular to<\/p>\n