Buying land? - The standard land value in this area is 270 euros

  • Erstellt am 2025-08-14 17:21:21

11ant

2025-08-14 18:45:45
  • #1
Then everything is clear. You are out, your house will be built elsewhere. The uncle does not need the plot, but only the power of disposal over it. He can also keep that as curator of the "Onkel Grundstücksgesellschaft Stiftung," to which he transfers the plot. He can transfer shares in it during his lifetime and fully use the tax exemptions every ten years. You do not need 800 sqm for a home, you can partition some off. He can burden the property company or your substitute co-heirs, to whom the duty to build there passes, with not doing so during his lifetime. It's all no rocket science, but not your concern. I am happy to establish contact with the inheritance law attorney and tax advisors.
 

ypg

2025-08-14 19:01:53
  • #2

That could all be arranged.
But..

.. if that’s the case, then build somewhere else. However, it may of course be that you have already been searching in vain for 4 years because you don’t find any location nice.
Reflect on that.
Currently, with these facts, I don’t see you there.
 

Georg86

2025-08-15 10:11:54
  • #3
Thanks again for all the responses! We have a preferred place/region, and we will continue searching there. There is motorway access, and currently both of our jobs can be reached by bike. It is about 25 minutes away from my family – as the "only heir" or only child, they naturally try to keep me here. I think the biggest problem will probably be how to circumvent the inheritance tax at some point. At the moment, I can't get anyone in the family to deal with it. That's probably why there is pressure to quickly take over the property so that it's done. The tip about the lawyer is logical and good, but my dear relatives think that as the "sole heir," I don't need that... It seems to be more of an emotional than a factual problem when it comes to finances.
 

mayglow

2025-08-15 12:00:33
  • #4
Now, thinking very simply, even completely without tricks—that is, without looking at "how can the property be transferred particularly cheaply"—if only the gift/inheritance tax would apply, that would already be significantly less. If I calculate roughly right now (200k property value minus 20k allowance times tax rate—I believe 20% for this degree of relationship and the amount of the gift), that would be about 36k? Then the question is whether the dilapidated house might reduce the value and whether parts of the property are garden land or similar and, for example, an expert might come to a lower market value. But IF you could really imagine the property for yourselves (which tended rather towards no), that might be within an affordable range for you even if it wasn’t the 200k. Although perhaps one problem is that the uncle wouldn’t get anything at all. It’s definitely important that the uncle doesn’t risk impoverishment (that can cause problems with gifts). Otherwise, maybe long-term he himself might not find it so appealing either—you might know better how he is personality-wise. There are definitely people who, after decades, still reproach you with things like "without me, you wouldn’t even have the house!" or something similar—that’s something I personally wouldn’t want to deal with. But that very much depends on the individual. Of course, there are also mixed options, but I just wanted to start from the simplest... Otherwise, if nothing is arranged and he dies, then yes, inheritance tax will be due. He also seems to have other assets (at least his own house), so presumably a considerable amount would come together and an optimization would probably be worthwhile. But on the other hand, that is offset by the inherited assets. It naturally feels frustrating if money just disappears into (what feels like) "nothing" (i.e., goes to the state), but on the other hand, there is still the option to sell parts (or even all) of the properties to cover that. So I understand that it feels super frustrating when, for example, out of 1 million (his property + additional land + possibly other assets), the tax authorities take 300k or so, and at least part of that could have been avoided. But then there is still the option at that time to sell parts to cover that. And I think if currently no one wants to deal with "inheritance optimization," then you can’t force them to do so. You can only point out how unfortunate that would be, but in the end, it’s your uncle’s decision what he does with his assets during his lifetime. Fundamentally, it may be somewhat complicated to organize all that in the event of inheritance, but presumably, you’ll still be pretty well off in the end. Of course, if, for example, it is very important to the uncle or the rest of the family that the house and property remain in family ownership even after death and that might not be realistic without prior arrangements OR they would be very annoyed by the taxes incurred themselves (you also mentioned your parents and grandparents, who are ahead of you in the line of succession depending on how life plays out)—then that would be the starting point for conversations and advice. Maybe it could be something like, "I don’t want to deal with it, but if you take care of it, I’ll listen/maybe join in," and it could be an option that you get advice yourself first and then, when you have rough proposals, involve your family more to concretize that. But if they completely shut down, then you really can’t do much in that direction. (No idea if it might make sense for you to have a rough plan of what to do in the event of inheritance so you’re not overwhelmed if the time comes—but that then has less to do with optimizing inheritance tax.)
 

Georg86

2025-08-15 12:11:19
  • #5
So I have to say: Respect! Both the rest of the asset valuation and the issue with "because of me you have all this" align 100%. You have made several suggestions for the further course, but unfortunately that doesn't help at the moment if the parties involved are being uncooperative. The problem will only boil over upon death when my mother and my second uncle see the inheritance tax in numbers. In that respect, I'll probably just leave it: property and inheritance matters... I just can't understand why people want to deal so little with their finances and taxes.
 

11ant

2025-08-15 16:25:35
  • #6
Whoever holds the position "I will only inherit when I close my eyes forever" is already closing their eyes now to the fact that inheritance law is a criminal law: it punishes the one who recklessly passes on their assets. Even if you inherit as a nephew as a substitute for a child, you do not step into the inheritance tax rate of your non-existent cousin. In the end, a lot of money goes to a fiscus that lets the schools decay here, leaves the hospitals to the market, and also interferes for billions in the economic obligations of foreign states. One can allow inheritance several times before dying – if the uncle still lives twenty years, practically three more times. Since I assume his main interest is (that no stranger blocks his view), he can just as well secure it otherwise as by withholding the transfer timing. He can provide money for your property in the region through a mortgage on the adjacent property (and/or his own occupied property) – basically equivalent to if you received it as a gift at the same time. The lawyer I could introduce you to generally does not handle contentious inheritance cases, i.e., only those that are in the mutual interest of the parties involved. Legally clean arrangements do not necessarily have to be made only where there would be disputes. The common opponent is the "authorized representative of 83 million non-family co-heirs."
 

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