Building plot as a gift / not married

  • Erstellt am 2018-06-03 18:04:16

Chris2806

2018-06-03 18:04:16
  • #1
Hello everyone,

maybe someone here knows a bit more about "tax law" :)
My girlfriend and I will start building in September.
We are not married, and actually do not plan to be (please no fundamental discussions about marriage, there are simply people who do not value that very much. I can love my partner unconditionally even without it...).

The building plot (approx. 1700 sqm / standard land value according to Geoportal €56 / sqm) would be gifted to us by my parents-in-law. Now the question is, which way would be the "cheapest" for us?
I definitely want to be entered into the land register in the foreseeable future.

Here are my thoughts if we were to proceed normally:

Value of the plot: €95,200
Girlfriend exemption = €400,000 --> no tax
My exemption = €20,000 --> €95,200 / 2 - 20,000 = €27,600 to be taxed at 30% = €8,280
Would that be calculated correctly? Then the real estate transfer tax would also be added?

I can't imagine we are the only ones in such a situation and hope for some tips from you :)
 

MIA_SAN_MIA__

2018-06-03 18:06:35
  • #2
Why do you absolutely have to go into the land register? Just make a partnership agreement with the notary in which you clearly regulate your arrangements when building. It is significantly cheaper than paying the taxes and you can also arrange the succession, etc. at the same time.

We have exactly the same situation as you.
 

HilfeHilfe

2018-06-03 18:15:38
  • #3
Well, strictly speaking, they are not your parents-in-law. You are not married and never will be (according to you). I would ask exactly how they envision the gift, maybe only your girlfriend is supposed to be considered. Otherwise, a gift can also be reclaimed. So best give us the land register and then the contract the previous speaker mentioned.
 

Chris2806

2018-06-03 18:45:37
  • #4
The partnership agreement sounds great. How would the whole thing (let's hope that case does not occur) behave in the event of my girlfriend's death? Would I then still have to pay inheritance tax?
 

Zaba12

2018-06-03 19:59:12
  • #5

Death :-p. You are funny. The probability that she leaves you or you break up is much higher than the mentioned death. Don’t worry about that. Statistically, you will die earlier than she will anyway. The topic of separation is what must be settled in any case.
 

HilfeHilfe

2018-06-03 20:22:37
  • #6
Correct, better to marry then and the in-laws are official and happy ;)
 

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