Taking possession before gift / usufruct / renting - disadvantages?

No, never based on the value of the apartment.

Uff.

And how would the usufruct be calculated if the apartment is given away as a gift, but it is not rented out/would not be rented out at all, it would simply remain empty and unoccupied?

In other words, I have difficulties with this rental issue, since nothing is rented out - currently. And first it should be gifted, a usufruct right established - and then possibly/probably rented out to the recipient, at a later point in time.

No, never based on the value of the apartment.

Uff.

And how would the usufruct be calculated if the apartment is gifted, but it is not rented out/would not be rented out at all, it would simply remain empty and unoccupied?

In other words, I have a hard time with this rental issue, since nothing is currently rented out. And first it is supposed to be gifted, a usufruct right established – and then possibly/probably rented out to the donee at a later time.

It doesn’t matter, even then the local customary rent is used.
Look, the thing is that usufruct is basically the regularly harvestable fruits, or rather a regular savings in the case of owner-occupancy.
The tax office therefore says: If you were to rent out the apartment your whole life, you would receive amount X every month. We multiply this value by the year, see how long you statistically still live, and capitalize the whole thing. (There is also discounting and interpolation and such, but that is not of interest for now.)
A value like that would never arise based on the value of the apartment itself, or rather there is no way to calculate it that way.

Generally speaking, it is always worth seeing a tax advisor for such arrangements anyway, if only to avoid nasty surprises in that regard.

Thank you for your explanations.

I am honest, I don’t understand this:
"... es ist ja so dass der Nießbrauch ja quasi die regelmäßig erntbaren Früchte sind, bzw. eine regelmäßige Ersparnis bei Eigennutzung." I can’t make anything of that, ... "regelmäßig lernbare Früchte" and "regelmäßige Ersparnis bei Eigennutzung". :oops:
Who saves what? Why self-use? Who harvests fruits? And so on, and so forth.
Who is who in these examples? Who is tenant/owner, who is landlord/nietztraucher, and so on...

Please don’t take this the wrong way - it’s me, not you or your explanation! The topic/construct is simply too advanced and abstract for me. o_O

You don’t have to elaborate or explain again, because what’s important now is that we can proceed as mentioned in #9.
Namely: immediate official move-in of the child, including registration with the landlord’s certificate - and that without disadvantages/effects on the gift with usufruct registration to be completed in 1-3 months - and then subsequently defining the rent from the child=donee=owner=tenant to the parents=givers=usufructuary=landlord for the following period.

Best regards

Thank you for your explanations.

To be honest, I don’t understand this:
"... the usufruct is basically the regularly harvestable fruits, or a regular saving in case of owner-occupation." I can’t make sense of that, ... "regularly learnable fruits" and "regular savings in case of owner-occupation". :oops:
Who saves what? Why owner-occupation? Who harvests fruits? Etc., etc.
Who is who in these examples? Who is tenant/owner, who is landlord/usufructuary, etc. ...

Please don’t take this the wrong way – it’s on me, not on you or your explanation! The topic/construct is simply too advanced and too abstract for me. o_O

You don’t have to elaborate or explain again, because what’s important now is that we can proceed as mentioned in #9.
Namely: immediate official move-in of the child, including registration with a confirmation from the landlord – and that without disadvantages/effects on the gift and usufruct registration that will be completed in 1-3 months – and then subsequently the rent to be defined from the child = donee = owner = tenant to the parents = donors = usufructuaries = landlords for the following period.

Best regards

So, just to clarify and to avoid even more confusion: What is meant by the usufruct value initially concerns only the tax office and the settlement of the gift tax!

Regarding the further procedure, I can’t contribute anything. But actually, the notary should inform you about that.

The usufruct value simply depends on the age of the usufruct holder and the income value of the apartment. There are corresponding tables for the calculation based on age. The income value of the apartment is calculated from the net income (cold rent minus non-recoverable additional costs) as well as the property interest rate. The property interest rate in turn depends on the land value. The exact property interest rate can be determined using the tables from the local property market report. The correct calculation of the usufruct value, as already mentioned above, is based on the net income or (if not rented) on a net income calculated from the local customary comparative rent. If you now take a rent significantly below the local customary comparative rent, this is again a point in which you have to convince the tax office (namely that the usufruct value is actually higher). But as long as the value of the apartment does not exceed, or does not significantly exceed, 400,000 €, the whole thing would be rather unimportant.

In your example at the beginning:
Tenant --> You
Landlord --> Your parents
And later after the gift:
Owner --> You
Usufructuary --> Your parents
Landlord --> Your parents (if not owner-occupied).

The holders of the usufruct of a property have all rights and obligations from the property, they just cannot sell it.