Bavarian Housing Construction Program and Land Register Entry

Hello,

I would like to apply for the loan within the framework of the Bavarian Housing Construction Program and meet all the criteria.

Now I am receiving the valuable property as a gift from my father. Due to the exemption amount, this is not a problem in terms of gift tax.

The responsible lady from the city for the housing construction program told me that the property must be registered bindingly in the land register to both spouses.

If this is the case, we have to pay a five-figure amount in gift tax and the planned loan is obsolete.

Does anyone have experience in this regard?

What if you make two appointments with the notary?

1. = Gift from your father to you
2. = You give half to your wife

There would just be 2 notary and land registry fees, but definitely cheaper than a five-figure tax amount. However, I don't know if something like that would go through :-)

Hello JoeHo,

have yourself advised by a tax consultant/notary, I think there are solutions for that.

Best regards
Dirk Grafe

Hello,
we have already considered this nested gift, i.e. first to the son and then from him to the spouse, whereby significantly higher allowances apply.

But construction starts already in March and this constellation must be extended to at least a 6-month grace period so that the tax office approves this way.

So in our case, for the LaBo it only works with my entry as son in the land register.

Thank you

Does the lab still participate then, or do you leave them out? We were also told that the lab insists that everything is registered under both spouses - including the property.

If the land register entry is required for both spouses, this loan is not profitable and we will waive it.

Since the other way (Kettenschenkung) is also not possible for us due to the time grace period and the upcoming start of construction.