Is it possible to transfer the apartment to a GbR without any issues?

  • Erstellt am 2020-06-05 21:19:32

mondbau

2020-06-05 22:47:51
  • #1
If a person living in the household already owns a residential property as a shareholder of a civil law partnership (öGbR)/GmbH (i.e., as a legal entity), this does not count as prior ownership. Accordingly, the natural person can apply for funding for a new residential property. I do not want to share the link; it is not appreciated here. But it can be found in the search service under "Expert knowledge on the product Baukindergeld (424)." As well Is it possible to receive Baukindergeld if one is managing director/shareholder of a GmbH or GBR and they own a single-family house that is rented out? Answer from ----- After consulting with the KfW, it is irrelevant for the application of Baukindergeld whether your GmbH or GBR already owns a property. It is important that you as a natural person do not own residential property at the time of the purchase contract or the issuance of the building permit.
 

nordanney

2020-06-05 22:52:18
  • #2
That is trickery, but it actually states so in the conditions.
 

Tolentino

2020-06-05 23:13:19
  • #3
I learned during my studies (not law, but still related content) that you actually automatically become a GbR as soon as several people come together in a business transaction. A partnership agreement merely formalizes this relationship and creates legal certainty, especially internally. Externally, a contract could simplify proving the existence of a GbR.
 

nordanney

2020-06-05 23:21:13
  • #4
Almost correct. It is true, but only in almost all life situations.

You have to decide whether you want to become owners as a fractional community or as a GbR. This is also specifically regulated again in the land register regulations. There are some differences between the two options. However, this would go too far to go into further here.
 

HilfeHilfe

2020-06-05 23:31:40
  • #5

But now you are the owner as a natural person. To receive the funding, you transfer everything to the GbR. For me, this is subsidy fraud. Clearly to be reported.
 

mondbau

2020-06-05 23:38:06
  • #6

Where is the fraud here, please? Please explain?? Then every kind of tax consulting is fraud? And if I sell the property one day before to receive the subsidy, is that also fraud?? If someone has an idea, immediately putting it in the fraud category, then every tax advisor would be halfway in jail.
 

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