Schlagwörter: inheritance tax (13 gefunden)

1. 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
2. 22. Januar 2024

   No income tax on sale of inherited property after acquisitio ...

   In a case of the sale of property belonging to the estate of an association of co-heirs the Supreme Tax Court held that the acquisition for consideration of a joint shareholding is not equivalent to the direct pro rata acquisition of the inherited assets themselves. With this most recent judgment the Supreme Tax Court abandons its previous case law on the matter.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: inheritance tax, heir
3. 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
4. 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, ...
5. 03. Juni 2015

   Tax & Legal News – Issue 3, June 2015

   In this issue: PwC Reports, Official Pronouncements, Supreme Tax Court Cases, From Europe and From PwC

   Kategorien: Tax & Legal News

   Schlagwörter: inheritance tax, roll-over relief provis ...
6. 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
7. 14. Januar 2015

   Inheritance and gift tax in part unconstitutional

   The Constitutional Court has held the exemption of business assets from inheritance and gift tax to be unconstitutional as it is too broad-based. However, the present rules continue in force for a temporary period.

   Kategorien: PwC Reports

   Schlagwörter: inheritance tax, family business
8. 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 ...
9. 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 ...
10. 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 ...
11. 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
12. 24. April 2012

    Freedom of establishment excludes free movement of capital?

    An ECJ advocate general has suggested the court deny an individual freedom of capital movement on the grounds that the more appropriate freedom is that of establishment, which, however, is not relevant in the circumstances.

    Kategorien: From Europe

    Schlagwörter: free movement of capital, inheritance ta ...
13. 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 ...