Transfer of property to children

  • Erstellt am 2021-08-30 13:50:10

nordanney

2021-08-31 15:29:04
  • #1

If he inherits and lives in it himself, he does not have to pay tax at all. Even if the house is worth €5 million (maximum 200 sqm living space - otherwise taxes apply to the exceeding area). Owner occupation then required for 10 years.

Yep. (Or usufruct). But I would formally sell it, since a gift could be "reversed" in the case of long-term care (simplified speaking).

They are fixed.

Either the house has a full value (without encumbrance like right of residence), or the contract consists of two values (reduced house value + corresponding value of the encumbrance).

Monthly cold rent x remaining life expectancy, discounted to the present day.
 

k-man2021

2021-08-31 15:53:27
  • #2
We have given away rented apartments as gifts and retained the usufruct. As a result, our children have no costs, no obligations, and the rent remains for our retirement provision. Only when the last of us dies can they freely dispose of them. It has no disadvantages for anyone except notary costs and required no work except 2 notary visits. The usufruct significantly reduces the property values.
Addendum: the calculation of the usufruct by nordanney was exactly the same for us
 

RomeoZwo

2021-09-01 07:44:32
  • #3


And the tax office accepted it so simplified? The formula for the usufruct that I know is:
Annual net income x remaining life expectancy (from table)
Annual net income is the gross income (i.e. net cold rent) minus operating costs (non-allocable ancillary costs, maintenance reserve, rental default risk).

With the right of residence, it is often the case that it expires after a certain "period of non-use." In standard contracts often 6 months. That means if the rights holder moves out (age-appropriate apartment, nursing home), the right expires. Theoretically, this could also be the day after tomorrow, which would then create a nice tax saving model.
 

nordanney

2021-09-01 08:07:10
  • #4
Usufruct is also different from the intended right of residence. That is true.
 

Höhlenmensch

2021-09-01 18:50:20
  • #5
Thanks first of all, I will report back on how it went. One should think ahead in time to possibly make it a little easier for the next generation. They still have a lot to face anyway...... Even if criticism is not welcome here, it should still be noted that it is basically scandalous how politics has watched and allowed prices to skyrocket astronomically. Therefore, I dare to quote one of our "leading" politicians: "we stand for ensuring that in the future even an employee can afford a small house" o_O ... meanwhile he smiled again—I tactfully will not name him! Greetings to all who can smile along as well...... ;)
 

nordanney

2021-09-01 22:03:14
  • #6

To be honest, it is largely due to a) the increased land prices and b) the wishes of the builders. Where 100-120 sqm used to be standard, today it has to be more like 150-160 sqm (often even + X), and plots of 250 sqm are no longer enough for a semi-detached house, but rather detached on at least 600 sqm.

In fact, it is possible to get a reasonably priced little house with a garden. Prices of T€ 220-250 for the complete house with land are easily possible (especially if it does not necessarily have to be the capital cities or metropolises). Developer projects with "off-the-shelf" houses.

Besides that, politics has not only watched but even pushed the price spiral with dreadful subsidies. KfW and Baukindergeld are unnecessary instruments that have flowed at least 1:1 into the prices. In that regard, you are right that politics does not look good.
 

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