Suchergebnisse für: `inheritance-tax` (62 gefunden)

1. 21. Juli 2022

   Inheritance under Italian law may trigger German inheritance ...

   When evaluating inheritance transactions with cross-border implications, a distinction must be made between inheritance law and inheritance tax law. Inheritance transactions subject to foreign inheritance law may also be subject to inheritance tax in Germany. Such a case was decided by the Supreme Tax Court in a situation where the beneficiary was resident in Germany whilst her deceased father was an Italian citizen and resident there.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: inheritance tax, foreign inheritance
2. 20. Januar 2011

   Inheritance tax on foreign holding referred to ECJ

   The Supreme Tax Court has referred to the ECJ on a refusal to grant the same inheritance tax allowance on a holding in Canada that would have been available on a domestic investment.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: free movement of capital, foreign invest ...
3. 19. August 2022

   Swiss inheritance tax to be credited against German gift tax

   If a gift is subject to inheritance tax under foreign law (here: Switzerland) because the donor dies within a short period of time after the donation, the tax is to be credited against the German gift tax pursuant to Section 21 Inheritance Tax and Gift Tax Act. With this decision, the Duesseldorf Tax Court upheld the claim of the plaintiff, who had residences both in the Canton of Lucerne and in Germany.

   Kategorien: Tax Court

   Schlagwörter: tax credit, inheritance and gift tax
4. 28. Dezember 2016

   No extension of inheritance tax privilege for repeated trans ...

   The Supreme Tax Court has now finally ruled that the German inheritance tax privilege relieving repeated transfers within the same family should not be extended to previous transfers taxable in another member state.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: inheritance tax privilege, repeated tran ...
5. 29. November 2019

   Inheritance Tax: spousal residence exemption

   According to the Supreme Tax Court in its judgment of 11 July 2019 – (II R 38/16), published on 28 November 2019, the inheritance tax exemption on the inheritance a family home by the surviving spouse or civil partner will not apply retroactively where the surviving spouse/partner transfers ownership of the family home to a third party within ten years of acquisition.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: inheritance tax, family home exemption, ...
6. 13. September 2012

   Inheritance tax liability unaffected by foreign legal basis ...

   The Supreme Tax Court has held that an asset transfer on death is chargeable to inheritance tax under German law, even though its basis was a foreign legal act without an exact German parallel but leading to exemption in the foreign state of residence of both parties.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: inheritance tax, asset transfer
7. 19. Mai 2015

   Constitutional Court refuses case against double charge to i ...

   The Constitutional Court has rejected for lack of prospects for success a case claiming that the future income tax due from the heir on interest earned but not yet due on the date of death of the testator be deducted from the inheritance tax base as a charge on the estate.

   Kategorien: PwC Reports

   Schlagwörter: inheritance tax, interest, double charge
8. 04. März 2024

   Inheritance Tax for legacy given on condition precedent

   If spouses set up a bequest in the form of a so-called Berlin will (Berliner Testament) for children who do not claim their compulsory portion upon the death of the first deceased, the surviving spouse as the heir of the first deceased cannot deduct the bequest as a liability, as the bequest is not yet due. In a recent ruling, the Supreme Tax Court also held, that the child as successive heir must pay inheritance tax on the final legacy as it originates upon the death of the surviving spouse.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: inheritance tax, double charge
9. 08. Mai 2024

   Income tax reduction due to inheritance tax charge only with ...

   According to a decision of the Supreme Tax Court, the 5-year preferential period in Section 35b sentence 1 of the German Income Tax Act starts at the time the inheritance tax arises, which is generally upon the death of the testator. This also applies if it was not possible to claim the tax reduction in due time by reasons for which the taxpayer could not be held responsible.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: inheritance tax, preferential taxation
10. 08. Februar 2022

    Rules for limited inheritance tax liability only in part com ...

    According to the decision of the European Court of Justice (ECJ), the different inheritance tax allowances in the case of unlimited and limited tax liability is in line with EU law, specifically it is not in breach of the free movement of capital. However, the refusal of the German tax office to deduct liabilities linked to the inheritance in the case of limited tax liability is not compatible with EU law. 

    Kategorien: European Court of Justice

    Schlagwörter: limited inheritance tax liability, inher ...
11. 09. August 2022

    Inheritance tax exemption for family home not revoked if com ...

    According to a decision of the Supreme Tax Court, the inheritance tax exemption granted to the surviving spouse upon acquisition of the family home must not be revoked retroactively if its continued use for own residential purposes is impossible or unreasonable due to health reasons. The same applies to the tax exemption granted to children as heirs, the BFH said in another judgment from the same date.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: spousal residence exemption, inheritance ...
12. 13. Oktober 2023

    ECJ: Restriction of partial inheritance tax exemption for le ...

    In a most recent decision, the European Court of Justice held that the German inheritance tax regime that distinguishes between assets located in the domestic territory, in a Member State of the European Union or in the EEA or, alternatively, in a third country, is a restriction on the free movement of capital and cannot be justified by overriding reasons relating to the public interest.

    Kategorien: European Court of Justice

    Schlagwörter: inheritance tax privilege
13. 16. Februar 2024

    Federal States Supreme Tax Authorities Identical Decrees: Ap ...

    In identical decrees issued by the Supreme Tax Authorities of the Federal States, the tax authorities comment upon the judgment of the Supreme Tax Court of 26 July 2022 (II R 25/20) and upon the underlying view that the option relief under Section 13a (10) Inheritance Tax and Gift Tax Act (or Section 13a (8) IHTA old version) can be exercised separately for each economic unit transferred. This applies to all open cases.

    Kategorien: Official Pronouncements

    Schlagwörter: family business, inheritance and gift ta ...
14. 04. Juli 2025

    Inheritance Tax Gift Tax Act: Increases in the value of shar ...

    In its decision of 6 June 2025 (II B 43/24 (AdV)) the Supreme Tax Court held that, upon summary examination, it was seriously doubtful whether contributions made by a shareholder to the capital reserve of a limited liability company (GmbH) lead to a taxable increase in the value of the shares of the co-shareholders within the meaning of Section 7(8) Sentence 1 of the Inheritance Tax and Gift Tax Act (“IHTGTA”) if the shareholders agree that the contributions are to be allocated to the contributing shareholder.

    Kategorien: Supreme Tax Court cases, Tax & Legal New ...

    Schlagwörter: corporation, inheritance and gift tax
15. 14. Oktober 2016

    The Federal Assembly (Bundesrat) approves the Gift and Inher ...

    In its committee meeting today (14 October 2016) the Federal Assembly (Bundesrat) approved the Gift Tax and Inheritance Tax reforms. With the majority approval of the Bundesrat, the new rules regarding the beneficial tax status of business heirs can be introduced.

    Kategorien: PwC Reports

    Schlagwörter: Inheritance and Gift Tax Reform 2016, Bu ...
16. 11. September 2024

    Inheritance tax: Transfer of privileged assets

    In a most recently published decision, the Supreme Tax Court held that the transfer of the tax privilege for business assets, rented residential property and family homes among co-heirs requires that the assets are conveyed in the course of the division of the estate. The transfer would not be privileged if the decision to divide the estate and thereby transfer preferential (business) assets in exchange for non-preferential assets is based on a new decision of the community of heirs, when initially they deliberately left the estate undivided.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: inheritance tax privilege
17. 12. Juni 2013

    Full inheritance tax exclusion for non-EU residents?

    An ECJ advocate general has suggested the court extend its earlier rulings against lower personal allowances to heirs in other member states to residents in third countries.

    Kategorien: From Europe

    Schlagwörter: inheritance tax, heir, personal allowanc ...
18. 08. März 2023

    No limited inheritance tax liability in the event of acquisi ...

    According to a decision of the Supreme Tax Court real estate located in Germany can be passed on tax-free if the testator grants the beneficiary the real estate by means of a foreign bequest (legacy). Provided, however, neither the testator nor the beneficiary is German citizen, and both live abroad.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: limited inheritance tax liability
19. 17. Oktober 2013

    Inheritance tax personal allowances inhibit freedom of capit ...

    The ECJ has held that the principle of freedom of capital movement precludes the German system of granting higher personal allowances on capital transfers where at least one of the parties is resident.

    Kategorien: From Europe

    Schlagwörter: inheritance tax, personal allowances, ca ...
20. 09. September 2014

    Higher inheritance tax allowances for residents also for EU ...

    The ECJ has held that the higher inheritance and gift tax allowances due to residents should also be granted on capital transfers between non-residents where at least one of the parties is resident in an EU member state.

    Kategorien: From Europe

    Schlagwörter: inheritance tax, allowances, degree of k ...
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