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

  • Erstellt am 2020-06-05 21:19:32

PyneBite

2020-06-06 08:42:44
  • #1
is already doing that quite cleverly. In this case, I would do it the same way!

have fun with the report. It won't do any good.

I also had to learn that you could own many properties beforehand. The important thing is that before purchasing the new eligible property, none of the previous properties are still in private ownership.
 

mondbau

2020-06-06 08:59:24
  • #2
I will simply ask the KFW directly. They will know. And they are certainly not as narrow-minded as HilfeHilfe.


That is exactly the rule. No property in private ownership. Whether you sell, gift, or transfer the existing property, that is completely within the rules.
 

saralina87

2020-06-06 11:37:00
  • #3
Nevertheless, please be sure to consult a tax advisor – especially when dissolving the GbR, there are several pitfalls.
 

mondbau

2020-06-06 14:03:18
  • #4
Saralina, you may be right. Thank you.
 

hampshire

2020-06-06 15:32:57
  • #5
Giving back and forth is another option - as long as you don’t become liable for gift tax in different scenarios. Of course, it’s a matter of trust. Just as your mother will trust you if you set up the GbR structure, because that is not without risk for her. You can also establish a UG as a housing company. This minimizes liability for your mother and later on you can sell the UG instead of the apartment – thus eliminating property transfer tax... These are all games that result from the way too complicated and numerous rules and laws are designed. If it’s fun... I have my own compass – it doesn’t see everything that is possible as right without breaking laws.
 

saralina87

2020-06-06 16:22:22
  • #6
No, I am right. Otherwise, this will become a thread in a few years just like the one where people wonder that they are not necessarily the civil law owners of their house when they build it in their parents' garden. There was supposed to be some "tricking" there too, and eventually people found themselves facing a huge pile of manure. It’s the same every time. I don’t even want to give my opinion on the construct itself – just this much: morally speaking, what you’re planning is really, really strange.
 

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