we are planning to buy a house and would like to record the division in the land register, or rather the payment flows. If I contribute €50,000 of equity from my side and my girlfriend contributes nothing, would gift tax have to be paid?
You are acquiring real estate, you contribute €50,000 equity and she nothing; then you own 50,000 of 50,000 shares and she owns none. So you do not give her anything as a gift, she does not receive any gift, and logically no gift tax applies. Up to this point, in this example, she also has no business being in the land register; only if you nevertheless had her entered there would that – because on her part in the example it is without consideration – have the character of a gift. If I – by the way: it is very confusing for the advisors to scatter one and the same question across a handful of threads on single aspects – interpret your whole story correctly, you aim for the land register entry of the unmarried partner in order to reward her for her contribution to the loan repayment. In practice, this is almost as much a mess as the opposite – which you were already pointed out in another of your threads – that you
do not compensate the actually more significant risk of her joint liability for the loan (with guarantors it rhymes with choking) in this model
is addressed (the land register entry is not suitable for this purpose in this constellation). My advice can only be: forget the whole plan, or postpone it at least until you – with or without a marriage certificate – have the feeling that you will probably want to stay partnered with each other for the duration of the financing. I will summarize your handful of threads or what I believe to have understood from them at the key points: a) You have capital – but not enough to obtain financing without your girlfriend "participating"; don’t forget: every income included counts only because and insofar as it can be enforced; b) the girlfriend can only contribute to the repayment (and to the
liability for repayment!) , she has no capital to contribute; in particular, the girlfriend should not forget that at the beginning of almost every woman’s debt career there is "just a signature" for a credit request by a life (phase) partner. It is time for every girl to learn that a
GUARANTOR (the form nicely calls it "second borrower")
IS NOT A CHARACTER WITNESS!!! – being a guarantor does not mean: "this is a decent person, as I know them, they always pay back faithfully", but: "... and if he does not,
I myself will step in FULLY" – cf. Schiller: "
I leave the friend to you as guarantor; you may like him, if I escape, I strangle him"; c) the grandmother’s help in managing the repayment burden was also mentioned elsewhere: in the sum of a, b and c the alarm bells ring off the charts!