Gift tax assessment received Unfortunately this specification of service has not yet been completely translated.

  • Gift tax Determination
  • Taxable transactions
  • Taxable acquisition as a basis for taxation (gift)
  • Material tax exemptions
  • Personal allowances and tax brackets

The gift tax covers increases in assets obtained without any own intervention. The object of taxation is the gift between living persons. As a supplement to inheritance tax, the gift tax is intended to contribute to a fairer distribution of wealth. This amendment is necessary in order to prevent the avoidance of inheritance tax on future inheritance through gifts during one's lifetime.

A gift among the living is e.B.:

  • any generosive devotion among living persons, insofar as the person concerned is enriched by it at the expense of the person making the donation.
  • the enrichment that a spouse or a partner experiences when the community of property is agreed
  • what is granted as a severance payment for a renunciation of inheritance
  • the transfer of assets due to a foundation business among living persons


The basis of assessment for the tax is the taxable acquisition. A taxable acquisition is the enrichment of the acquirer insofar as it is not exempt from tax. Assets and deductible liabilities are assessed in accordance with the Valuation Act.

Of particular importance is the valuation of real estate. If necessary, real estate values are determined in a separate procedure by the tax offices. Valuation standard is the common value of the land.

The tax bracket is also decisive for the amount of the tax. Because the tax class has an impact on the amount of your personal tax rate and allowance. Basically, the more closely you are related to the donor, the more gentle the gift tax is.

The amount of the tax also depends on whether material tax exemptions are to be taken into account. Of particular importance from the exemption catalogue are the allowance for household effects in the amount of 41,000 euros for purchasers of tax class I, the allowance for other movable tangible property of 12,000 euros for purchasers of tax class I, the allowance of 12,000 euros for household effects and other objects together for purchasers of tax classes II and III. Also tax-free is in many cases the purchase of a family home.


The law also provides for various opportunities for exemption in the acquisition of eligible business and share assets as well as agricultural and forestry assets.

Gegebenfalls ein Schenkungsvertrag

Preconditions

Gift among the living

The legal basis for the collection of the tax is the Inheritance Tax and Gift Tax Act (ErbStG) in the version of the announcement of 27 February 1997 (BGBI I 1997 p. 378), as last amended by Article 12 of the Property Tax Reform Act of 26 November 2019 (Federal Law Gazette I p. 1794).

Related Links

  • §§ 14 et seq. Inheritance Tax and Gift Tax Act (ErbStG)

The gift tax arises with the time of execution of the donation. Both as a donor and as a gift giver, you are generally obliged to notify the tax office responsible for administering the gift tax in writing within a period of three months. The notification must contain information on the person involved, the legal basis of the acquisition as well as its subject matter and value.

In addition, the tax office learns about tax-significant acquisition transactions through a large number of other third-party complaints, e.B. through complaints from registry offices, banks, insurance companies, courts and notaries. If a tax assessment is to be expected after evaluation of these notifications, the tax office will ask you to submit a gift tax return, which you usually have to submit within one month; the declaration is accompanied by a comprehensive guide to make it easier for you to fill it out.

The declaration must also be made if you are of the opinion that a gift tax should not be levied. The decision on what is taxable and what is not taxable is left to the tax office. If you subsequently recognize that the tax return is incorrect or incomplete, you are obliged to report this immediately.

If you have to pay gift tax, you will receive a gift tax assessment from the tax office. The fixed tax is due within one month of notification of the decision.

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Last update or date of publication
25.08.2021