How does inheritance tax work in Germany?

Inheritance tax (together with gift tax) regulates what goes to the tax authorities when assets are transferred. The decisive factors are tax brackets, allowances and types of assets that benefit. Important: Gifts count – and you can utilize many allowances every ten years. This allows you to plan over time and distribute assets cleverly.

• Legal basis: ErbStG + valuation law
• Tax classes I-III depending on relationship
• Allowances: e.g. € 500,000 (spouse), € 400,000 (children)
• Ten-year rule for gifts
• Benefits: Business assets, family home
• Progressive tax rates depending on class & level

Helpful links & sources:

• Federal Ministry of Finance – Inheritance and gift tax
• §Section 16 ErbStG Allowances
• Wikipedia: Inheritance tax in Germany

Tax brackets & allowances: The basic buffer

The tax class depends on the proximity to the testator. In class I (spouses, children, grandchildren), the tax-free amounts are significantly higher than in class II (e.g. siblings) and III (unrelated third parties). In addition, there are special pension allowances (e.g. for spouses). Result: A large proportion of normal inheritances already remain tax-free due to allowances. Only the surplus is taxable.

Family home & deferrals: Protection for your home

The owner-occupied family home can remain tax-free if acquired by a spouse or children under certain conditions (e.g. continued use, holding periods). In the case of real estate or companies, a deferral is also possible if the tax payment would otherwise jeopardize the assets. This provides time for financing or restructuring without having to sell immediately.

• §13 ErbStG Family home
• Family home information sheet (NRW)

Business assets: tax exemption of 85% or 100%

In the case of an inherited business, the standard exemption (85%) or the option exemption (100%) applies if the requirements are met (payroll, holding periods, administrative asset ratios). This is politically desirable: company successions should secure jobs and not fail due to the tax burden. For large estates, this is THE lever for tax reduction.

• IHK Munich: Business assets and tax exemptions

Erbe & Nachlass

Why do you save when you inherit a lot? … and how?

Large inheritances systematically take advantage of preferential treatment. Assets are structured in such a way that as much as possible falls into favored “drawers”: business assets, residential property (family home), usufruct concepts and deferred gifts. This lowers the assessment basis – and therefore the effective tax rate. Studies and government responses show: On average, major heirs often only pay low single-digit percentages.

• Effective load often only a few percent
• Reason: Exemption + allowances + design
• Gift instead of inheritance (time plays for you)
• Usufruct: transfer values, retain use
• Foundation solutions & family divisions
• Protect substance: Deferral/partial payments

Helpful links & sources:

• Süddeutsche Zeitung – Inequality through inheritance tax
• ZEIT – Large heirs pay less
• Wikipedia: Tax statistics on inheritances

Real estate GmbH: strategically shifting the tax burden

Many families rely on a so-called Immobilien-GmbH, especially for large real estate assets. Real estate is transferred to the business assets. The advantage: company shares often benefit from exemption rules of up to 85% or even 100%. In addition, shares can be transferred in stages over generations – often combined with gifts and usufruct rights.

Family foundation: Permanent tax optimization

A family foundation pools assets and ensures continuity over generations. As the foundation does not die, there is no traditional inheritance tax. Instead, lower current taxes apply. This model is often used for assets in the double-digit million range in order to secure long-term substance and avoid high one-off charges.

Designing with time: utilizing the ten-year cycle

If you start early, you can distribute assets via gifts at ten-year intervals. This allows you to increase your tax-free allowance several times. Example: A parent can transfer €400,000 tax-free per child every ten years – with two children, that’s €800,000 per round. Over 20 or 30 years, this results in a very high tax-free transfer without inheritance risk at the end.

Usufruct & residential rights: Give away value, keep control

With a reserved usufruct , you transfer a property, for example, but secure rental income or the right of use. This reduces the tax value of the gift because the capital value of the usufruct is deducted. You remain financially secure – and at the same time make more efficient use of tax-free allowances.

Why “stupidity tax”? Planning mistakes cost real money

If you don’t plan at all, you give away allowances, lose exemptions (e.g. due to failure to meet deadlines) or slip into higher rates due to an unfavorable structure. Advice helps to close gaps: from the structuring of matrimonial property regimes to wills, division arrangements and pre- and post-inheritance through to foundations. The difference between “doing nothing” and “smart planning”: often tens of thousands to millions.

50 million € inheritance Example calculation + tax optimization

Der Spiegel reports: “Rich company heirs often only pay 1.5% tax”. Is that possible? Yes. Clever planning reduces the tax burden. Without planning, you quickly pay almost €15 million in tax on a €50 million inheritance. With clever planning, the tax burden falls to 1-5%. Studies, laws and examples clearly show that those who optimize early on save millions. This is precisely why inheritance tax is often referred to as the “stupid tax”.

• 50 million € inheritance Example calculation

Avoid inheritance tax? My conclusion

You can rarely avoid tax completely – but you can manage it. The key: start early, stagger gifts, qualify beneficiary asset types, comply with holding and payroll rules and use the family home correctly. The greater the assets, the greater the leverage – and the more expensive mistakes become. Get tax and legal advice in good time, document everything properly and plan in variants (inheritance, gift, foundation). This will turn the “stupid tax” into an avoidable cost trap – and you will get more out of your inheritance.

Only 1.54% tax on real estate sales

One option for a tax-optimized sale is the share deal. In this case, however, the property must already have been purchased by a company (such as Immobilien GmbH) (not as an individual). A share deal is possible if you have the company in a holding structure. This means you only pay 1.54% tax due to the intercompany privilege(§ 8b KStG).

• Asset deal = property is sold
• Share deal = company is sold (with real estate ownership)

Here is the construct for a share deal in a holding company:

Now let’s calculate our example again, starting with the direct sale of a property!

Sale of a property as a company 🡆 Asset deal

Let’s calculate the exemplary tax in Berlin for the sale of a property as a company (asset deal).

• Purchase 2024 = 2,100,000 euros
• Sale in 2028 = 4,100,000 euros
• Taxable profit Berlin approx. 19.1 % (trade tax 4.1 %, corporation tax 15 %) = EUR 2,000,000
• At 19.1 % = 382,000 euros

Sale of a real estate GmbH as a company 🡆 Share deal

Here is a comparison of the tax burden for the sale of a real estate GmbH as a company in Berlin (share deal):

• Purchase 2024 = 2,100,000 euros
• Sale in 2028 = 3,100,000 euros
• Taxable profit = 1,000,000 euros
• For GmbH 1.54 % = 1,540 euros

You can see how huge the difference is.

Bonus! No land transfer tax on purchase

Let’s delve a little deeper into the subject of real estate and tax optimization!

Again, simply put:

• Sale of Immobilien GmbH below 89% = no real estate transfer tax

Why is this the case? In Germany, the sale of shares in a GmbH that owns real estate is not normally subject to real estate transfer tax as long as the shares are below a certain percentage(§ 5 GrEStG).

What are the advantages? Real estate as an investment must bring a profit, usually calculated by the rental yield. The land transfer tax increases the purchase price by up to 6.5%, depending on the federal state. For 1 million euros, this is a cost of 65,000 euros. This directly increases the yield by a few percent.

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The typical sale: “asset deal”

The difference: In an asset deal in the real estate context, specific assets such as land and buildings are sold individually, whereas in a share deal the shares in the company that owns the real estate are transferred.

Simply put:

• Asset deal = property is sold
• Share deal = Immobilien GmbH is sold

A share deal means that the buyer does not acquire the property itself, but the – in this case – Immobilien GmbH. Here is a short infographic. Then back to the direct sale of the apartment building, after which I will explain more about the holding company and taxes on the sale.

Here is a small infographic:

Tax calculation: Example

If you sell within the speculation period, you must – simply put – pay tax on the profits as normal, just like income from work, regardless of whether you are employed or self-employed. As a single person, this would typically mean a top tax rate of 42%.

Asset deal as a private individual

In this example, we are selling an apartment building in Berlin, as a private individual, single person with full tax rate.

• Purchase 2024 = 2,100,000 euros
• Sale in 2033 = 4,100,000 euros
• Taxable profit = 2,000,000 euros
• At 42 % (single person) = 840,000 euros

Asset Deal as a company

In this example, we are selling an apartment building in Berlin, as a company, already with significant tax savings.

• Purchase 2024 = 2,100,000 euros
• Sale in 2033 = 4,100,000 euros
• Taxable profit Berlin approx. 19.1 % (trade tax 4.1 %, corporation tax 15 %) = EUR 2,000,000
• At 19.1 % = 382,000 euros

Share deal property: tax advantages

Saving taxes, but the right way? In my guide to selling a multi-family home for tax purposes, I have just given a short, simple explanation of the share deal, with an example calculation. Instead of 382,000 euros in taxes, only 1,540 euros! How does that work? Here is an insight into asset deals and share deals. You will quickly recognize the advantage and why professional investors work with holding structures.

• Share Deal Real Estate
• Asset / share deal difference

Box privilege: save taxes when selling real estate

Nesting privilege: a term worth knowing!

Although I have been using the holding model in the real estate industry for years, I only recently came across the term “nesting privilege”. The bottom line? Only 1.54% tax on real estate sales! If you’re wondering, let me introduce you to the world of real estate holding in this short article.

The taxation of a real estate GmbH

A GmbH is subject to corporation tax, the solidarity surcharge and trade tax, which results in an effective tax rate of approximately 30%.

However, if you set up your GmbH in the context of real estate projects, you can benefit from the extended reduction in trade tax.

In this case, you only pay 15.83% tax on rental income and lease fees.

The same low tax rate also applies to the sale of real estate. However, care must be taken here to avoid falling into the category of commercial property trading. You may sell a maximum of three properties within five years, otherwise the tax rate rises to 30%.

The share deal offers an even more tax-efficient option for real estate sales.

Real estate holding company: Reduce the tax burden to 1.54%

By cleverly structuring your GmbH, you can reduce the tax burden on the sale of real estate to just 1.54%. A little more striking:

1.54% Taxes on sale

This concept, known as a share deal, benefits from a holding structure and the nesting privilege. Your business structure consists of two limited liability companies. One of the companies acquires the real estate, while the second limited company acts as the parent holding company. If you now want to sell your property, the holding company transfers the shares in your real estate GmbH to the buyer.

The nesting privilege comes into play here

If a corporation sells shares in another corporation, 95% of the profits remain tax-free.

This means that your effective tax rate on the profit from the sale of the property is only 1.54%.

More about GmbH & asset-managing GmbH

Learn more about the GmbH here

• GmbH: Simply explained
• Asset-managing limited liability company

Family foundation: At what point is it worthwhile?

Save taxes, optimize and design, but when is it worth it in a family foundation?

• From when is the foundation worthwhile? Only from 1 million equity capital, so that costs of the foundation and yield are really worthwhile
• Before preferring to work in a corporation (so-called Immobilien GmbH or vermögensverwaltende GmbH, GmbH und Co. KG, etc.), here you will find all legal forms in Germany

Overview: This is what you will learn in the guide

7 aspects to save taxes with the creation of a family foundation.

Take advantage of tax benefits: How you can benefit from a family foundation

You want to optimize your financial situation and save taxes? A family foundation could be the solution. But did you know that you benefit from tax advantages not just once, but several times over? In this article, we will show you how to take advantage of these benefits to reduce your tax burden and secure your assets for future generations.

Multiple tax benefits when establishing a family foundation

When you set up a family foundation, you can benefit from tax advantages in several ways. First of all, you can deduct the transferred capital as a special expense from your taxable income. Individuals have the opportunity to deduct up to 1 million euros within 10 years, while married couples can deduct up to 2 million euros. In addition, you can donate further assets to the foundation and also deduct these donations up to 20 percent of your income as a special expense.

Only 15% corporate income tax (rental income)

Once your assets are in your foundation, you can use and invest the assets you have.

Here’s the kicker. A foundation is subject to corporate income tax. So you pay only 15% corporate income tax instead of trade tax.

You only pay trade tax with a family foundation if it is commercial. However, the mere purchase, management and holding of real estate is not commercial. You are only putting your assets to work.

Even your rental income is now subject to corporate income tax at only 15%.

Real estate transfer to a foundation

Transferring real estate to a foundation also provides an effective asset protection mechanism. By transferring your real estate to a foundation, it is legally separated from your personal assets. This protects them from potential creditors or other financial risks. A family foundation can thus be a valuable security measure to protect your real estate assets from unforeseen events and ensure your family’s long-term financial stability.

• Transferring real estate to family foundation: transfer agreement

Inheritance and gift tax exemption

Another major advantage of a family foundation is that it is exempt from inheritance and gift taxes. By transferring your assets to the foundation, you can avoid these taxes. In addition, the income of charitable family foundations is tax-free, which means that the assets benefit the foundation’s purpose in full.

Taxation of the current income of the foundation

Foundations are normally subject to corporate income tax and, where applicable, trade tax. But tax-privileged family foundations are generally exempt from these taxes. This means that income from donations, asset management and economic activities in the service of charitable purposes are exempt from tax. However, taxes are incurred if income is generated through economic activities that do not serve the charitable purpose.

Tax advantages of the family foundation

The family foundation also offers tax advantages on the income tax side. With a corporate income tax of only 15 percent and the omission of a possible trade tax, you can significantly reduce your tax burden. Capital gains from real estate are treated similarly to an individual, and distributions to beneficiary family members are mostly subject to the 25 percent final withholding tax. If you want to use the family foundation for a holding structure or avoid exit taxation, even further tax advantages await you.

The non-charitable character of the family foundation

It is important to note that a family foundation does not benefit the general public, but rather, in accordance with the foundation’s purpose in the articles of incorporation, benefits you and your family exclusively. Therefore, the comprehensive tax exemptions of a charitable foundation do not apply. Nevertheless, family foundations offer many tax advantages for securing and preserving family assets.

Conclusion: Establish a foundation and save taxes

A family foundation can not only help you save taxes, but also help you secure your assets for future generations and support charitable causes. With multiple tax benefits upon formation, inheritance and gift tax exemption, and tax advantages on the income tax side, the family foundation offers an attractive way to optimize your financial situation. Remember that sound advice from a tax expert is recommended to take into account your individual tax and legal needs and to derive the best possible benefits from a family foundation.

With my experts you will establish your company safely and with all tax advantages.

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Of course, you can also transfer real estate to a foundation.