Close-up view of an inheritance tax declaration.

German Inheritance Tax and German Gift Tax

Tax optimization with regard to the German Inheritance Tax and Gift Tax is a permanent feature of our professional consulting on anticipated successions or frequently on international inheritances.

Why should I seek professional advice about inheritance and gift tax?

The aim not to have already taxed money taxed once more in a case of succession – as far as possible and permissible – is easily comprehensible. We assist you in the optimum use of tax exemption amounts pursuant to the German inheritance tax code.

Dr. Hosser, specialized attorney-at-law, specialist lawyer for inheritance law and for tax law, offers to consult you before and after a succession case, on how to deal with the German inheritance tax issues. We also assist you with the German gift tax in the case of lifetime transfers of assets or if of relevance for distributions from US-American Trusts to beneficiaries in Germany.

Which tax aspects should be considered in an (anticipated) succession`s context?

The tax duties relating to donations, transfers by way of anticipated succession or relating to an inheritance are governed by the German inheritance tax law and German gift tax law as well as by further tax laws. Besides these taxes, income tax issues have to be considered in the case of larger assets and, in particular, of company successions (during lifetime or upon death). We will guide you through these in our consultation upon request, and also, in international cases, regarding other important international tax aspects, e. g. the Double Taxation Conventions (if relevant).

From a professional point of view, a tax planning is urgently required in the framework of planning a company succession; in any case, it is unreservedly recommendable. Professional advice about inheritance tax can even be required, when you are involved in an estate litigation in Germany, because one should know the German tax treatment before a settlement can be made.

Why is Dr. Hosser the right advisor for inheritance and gift tax issues?

Our expertise in the field of German inheritance law is very valuable for that counseling, as the inheritance tax as well as the gift tax rather look at the civil law treatment, for estates pursuant to the relevant inheritance laws and rules. Our law firm is in a position to advise about the above tax issues and also about German inheritance law for foreigners, i.e. in a way that also persons from abroad can understand the legal and also tax consequences.

Negligence in the tax planning and violations of tax declaration obligations can, depending on the individual case, become very unpleasant and expensive and may exceed by far the costs of a professional tax planning or rather estate planning. There are numerous tax-related pitfalls. Which tax burden results from the dispositions of a last will and testament or along with a lifetime asset transfer has to be analyzed and calculated individually.

Can I save money if I try to deal with the inheritance and gift tax issues?

As very often in tax law fields, juristic and especially tax laypersons are not in a position to cope with this without professional help. For this reason, a so-called layman’s testament may turn out to be much more expensive at the end of the day than the costs for a professional testament which is optimized regarding inheritance tax law issues. In most cases, the same applies to donations.

It does not suffice to know the allowances of the inheritance tax law, for example of the spouse or the civil partner of currently EUR 500,000 within a period of ten years of a child after one parent of EUR 400,000, also within a period of ten years. Other aspects include valuation issues, such as the adding up of advancements and many additional questions.

We will consult you on these and further, more complex tax issues. If it is important for your situation, Dr. Hosser, as Trust and Estate Practitioner, also offers to deal with the German international inheritance tax law and international gift tax law.

Can Dr. Hosser assist us after our tax consultant was involved earlier?

If you already started a planning of your personal succession with your tax consultant, this would be rather advantageous for us: we would be pleased to consult you by kind of teaming up with your tax consultant on inheritance tax, gift tax, tax implications of a company succession – or, if you wish so, just limited to succession issues.

Besides tax planning and tax optimization in these fields, our consultation offer also comprises to consult you in actual inheritance tax or estate tax problems, to represent you towards the German tax authorities in tax administrative appeal proceedings (Einspruchsverfahren) as well as before fiscal courts in the context of any tax litigation in Germany.

You want to save inheritance tax or estate tax? Then call us today or send us an email.

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We speak English and German.

Dr. Marcus Hosser TEP (Trust and Estate Practitioner) – Specialist inheritance lawyer.
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