Archiv für die Kategorie ‘Assets, Foundations, Succession’

The Berlin Will and Compulsory Portion Penalty Clause in Germany

Dec 17, 24 • Inheritance Law • No Comments • Johanna Rengel

How to ensure that the sole heir actually remains the sole heir The Berlin will, whether drawn up by hand or by a notary, is a common way in Germany for married couples to make their last wishes known. The purpose […]
Competencies of the German Foundation Board: Considerations for Founders when Drafting the Articles of Association

Nov 14, 24 • Assets, Foundations, Succession • No Comments • Boris Piekarek

Foundations, both charitable and private family foundations, typically have both a board of directors and a foundation board. The latter is often also referred to as a board of trustees, supervisory board, administrative board or similar. Strong and weak foundation boards […]
German Family Foundations with Foreign Beneficiaries: Beware of Tax Traps!

Nov 8, 24 • Assets, Foundations, Succession • No Comments • Stefan Winheller

Managing and planning international wealth through foundations is a complex task, posing a myriad of legal and tax challenges. This is particularly true for German family foundations with beneficiaries who are tax residents abroad, as they often face specific issues. To […]
Exchange Program for Frozen Assets in Russia

Oct 8, 24 • Assets, Foundations, Succession • No Comments • Alexander Romanov

German and European investment funds and family offices with frozen securities The escalating geopolitical tensions arising from Russia’s incursion into Ukraine and the ongoing conflict have resulted in a substantial freeze of Russian investors’ assets in the West, as well as […]
Private Handwritten Will in Germany

May 10, 24 • Inheritance Law • No Comments • Johanna Rengel

Essential considerations when creating a handwritten will The issue of what should transpire with one’s assets after one’s demise is one that eventually concerns many individuals. The larger the assets and the more offspring there are, the more challenging decisions become. […]
Crypto Investments in Foundations: Beneficial Tax Treatment of Staking Income in Germany

Apr 8, 24 • Assets, Foundations, Succession, Cryptocurrency taxation, German Tax Law • No Comments • Stefan Winheller

Large assets necessitate dependable, legally secure structures. Foundations, both charitable and family-based, have consistently played a significant role in the wealth planning of affluent individuals. Foundations can also provide various tax benefits, including those associated with crypto assets. Common goals among […]
No more immediate German Exit Taxation within Europe!

Apr 4, 24 • Assets, Foundations, Succession, International Tax Planning • No Comments • Boris Piekarek

The Federal Fiscal Court (Bundesfinanzhof, BFH) has issued a significant judgement on German Exit Taxation, which holds substantial importance for taxpayers, especially those relocating to Switzerland or an EU or EEA state. In the so-called Wächtler proceedings (BFH of 6 September […]
Inheritance and Gifting of Real Estate in Germany: Tax Advantages for Third Countries Too

Feb 19, 24 • Inheritance Law, Tax Law – Miscellaneous • No Comments • Elmar Krüsmann

ECJ abolishes EU/EEA area condition When rented apartments and buildings are transferred to the next generation through a gift or inheritance, the German tax authorities provide preferential tax treatment. Previously, this required that the property in question is situated in the […]
Optimizing Taxation in Germany with Investment GmbH/Asset Management GmbH

Sep 19, 23 • Assets, Foundations, Succession • No Comments • Stefan Winheller

In certain scenarios, an Investment GmbH (LLC) or an Asset Management GmbH can be the ideal legal structure for managing personal assets in Germany in a tax-efficient manner, ensuring their preservation for the longest possible duration of one’s lifetime. It is […]
German Commercial Partnerships Soon to Be Taxed 15 Percent Corporate Income Tax!

Jun 30, 21 • Assets, Foundations, Succession • No Comments • Boris Piekarek

The calls of many small and medium-sized entrepreneurs in Germany have been heard. After the failed first attempt in 2000, it will be possible for shareholders of a general partnership (OHG) or a limited partnership (KG) to choose between income tax […]