Those who unexpectedly inherit a property often have to pay high inheritance taxes.
Those who transfer assets to the next generation at an early stage, on the other hand, usually get away cheaper.
A Munich specialist lawyer explains when and why this makes sense.
A Munich resident (49) has inherited an apartment building worth 6.5 million euros
But the heir had to sell it because he couldn't afford the tax of 594,000 euros
The house had been in the family for 133 years - now it's probably up to speculators
The case was really bitter: Stefan Rührgartner (49) was supposed to pay almost a million inheritance tax - because he inherited an apartment building in Haidhausen.
Its value was 6.5 million euros.
For Rührgartner actually a godsend.
But the inheritance did not pay off as desired: Because of the high taxes, he ultimately had to sell.
Although the house had been in the family for 133 years.
Munich: Erbe has to sell a 6.5 million house because he cannot pay the tax
Experts rate the case as a "drama". But in fact cases like this are not uncommon in Munich. Most of the properties go to investors or speculators. “People have no choice but to sell or take out a loan. The tax is so high that hardly anyone has that much money in their account, ”says Philipp Pfab, specialist lawyer for inheritance law in Munich. In the worst case, the person concerned could not pay off the loan as long as he was alive - the children would then have to take out loans again. "You tie a block to your leg - and the income is eaten up," says the lawyer.
In many cases, the inheritance can be regulated differently - through a
donation
, explains Pfab.
As a rule, assets do not pass to the heirs until death.
However, one could prefer this transition and hand over one's property to one's neighbors today - in other words: give it away or transfer it by way of anticipated succession.
“
The main reason is to save inheritance taxes,
” says Pfab.
Even if a property is valuable: “It is often even more expensive in the future, which in turn drives up taxes.” Those who transfer lower values today, on the other hand, pay less taxes or no taxes at all.
+
Stefan Rührgartner in front of the house on Weißenburger Strasse: It was family-owned for 133 years, now it is being sold
© SIGI JANTZ
A second reason in favor of a donation is the desire to arrange everything in good time.
In this way, for example, disputes between heirs can be avoided.
What are the risks?
Above all, "too much to give away", warns Pfab.
Since the costs for a retirement home amount to six-digit amounts, you should calculate here precisely.
"More specifically about inheritance tax: on average, a handover today incurs EUR 63,000 in taxes - in ten years' time, if real estate prices double as in the last ten years, it would then be EUR 304,000."
Real estate in Munich: A row house costs around 600,000 euros in taxes in ten years
In addition, if you do not inherit as a direct relative, you pay 30 to 50 percent tax. "This way, a property can no longer be financed," says Philipp Pfab. A terraced house worth one million euros today would cost 594,000 euros in inheritance tax in ten years, the specialist lawyer calculates. Often there are additional allowances in addition to general tax allowances (family home or gain). "You don't have to pay taxes on this either and should therefore use it sensibly, even several times."
Pfab advises further: distant relatives should also consider adoption;
then the acquirer is considered to be his own child and inherits cheaper.
Important:
A notary contract is required to transfer a property
.
"Here, the transferor should secure himself further and reserve a right of residence or, better still, a usufructuary right (the transferor can continue to live in the house, but continues to receive the rent when moving out)."
Especially if the acquirer dies before the surrender or the acquirer becomes insolvent and insolvent.
"Then the property can be reclaimed and will not be lost."
