Wisbert & Partner | Auditing, Tax consulting, Legal advice

Inheritance tax, gift tax

At the end of 2014, the current law on inheritance and gift tax was overturned by Germany's Federal Constitutional Court. Lawmakers in Berlin were given the deadline, set by the Court, of 30th of June 2016. By then, the current law must be replaced by rules that conform with the constitution. Meanwhile, the existing law shall apply. The Federal Constitutional Court has, however, clarified that this does not signify the protection of legitimate expectations, until the pronouncement of judgement, against a retroactively revised sentence.

Inheritance tax and gift tax represent a burden on the successor. However, tax consultants have instruments at their disposal, which will help evade the accrual of inheritance or gift tax, especially after the reform of inheritance and gift tax and before their implementation on 30.06.2016.

We are happy to advise you on the tax structuring of your successor. This applies to inheritances as well as gifts made during the donor's lifetime. We advise on tax planning opportunities for inheritances and also carry out the declaration of estate.

Our services in this area:

  • Tax-efficient design of successions, and capital transfers during the donor's lifetime
  • Creation of inheritance tax and gift tax declaration statements
  • Tax avoidance measures in case of inheritance (disclaimer, compulsory legal share etc.)
  • Tax valuation of real estate and business assets
  • Representation in disputes with the tax authorities
  • Starting a family pool/family company and establishing a foundation
  • Business succession
  • Drawing up a will
  • Arrangement of legacies and other requirements
  • Execution of will
  • Gifts
  • Investment in tax-efficient forms of investment