Transfer property / not married

  • Erstellt am 2017-02-08 17:59:30

Bieber0815

2017-02-10 10:03:56
  • #1
Yes, but a different tax declaration class applies for children-in-law, so the tax payable is lower.

Another possibility would be: The parents gift the entire property to their daughter, then she gifts half to you (ideally her spouse). In both cases, there are such high allowances that it should be tax-free. This can be done at a notary appointment, of course fees apply for each process.

What do you mean by that?

: When buying you pay real estate transfer tax, when gifting you pay gift tax.
 

DG

2017-02-10 10:50:17
  • #2


What do you mean by that?

: When you buy, you pay land transfer tax; when you give as a gift, you pay gift tax.[/QUOTE]

He is referring to contracts/purchase prices within the family or among friends that do not or do not fully correspond to the current market price. Within the family, the tax office is also aware that the full purchase price is not paid; however, it is not set in stone that the standard land value in a private sale is always achieved, which means:

A property with a total value of EUR 100,000 according to the standard land value is traded within the family, for example, for EUR 80,000. Now the tax office could argue that EUR 20,000 of land transfer tax is being evaded, i.e. classic tax evasion, possibly also with the assumption that part of the purchase price is paid "under the table." Opposed to this is that it can also be the case in a normal sale, despite the standard land value, that it sells for only EUR 80,000, so the tax office must/will accept the value fixed in the purchase contract.

It looks different if market value and purchase price deviate so massively from each other that one has to assume a gift and/or "black" payment. Then the tax office uses the market value as the basis for calculating land transfer tax, and you must bring good and solid arguments to overturn the fee notice.



You should take an hour or two with a tax advisor/notary because there are certainly individual and intelligent solutions for this.
In the end, you have to decide what works for you. We have found our model for this (unmarried, 2 children), but I am sure that if I publicly displayed my/our constellation here, some people would be shocked because it would be absolutely unthinkable for them – but it works very well for us.

Therefore, I would never advise you to do it the way we organized it, but it is quite possible that your tax advisor/notary will suggest very similar options to you.

Best regards
Dirk Grafe
 

Bieber0815

2017-02-10 13:29:05
  • #3
From my point of view, it is very important that those affected know beforehand(!) what they want! And have talked about it! So parents, child, partner, if applicable siblings or other possible heirs of the parents. If the essential content is clear*, then you can go to the notary/tax advisor with that.

*Example: Parents want to transfer the property so that the daughter and prospective son-in-law can build together. In case of separation, the property should belong solely to the daughter, definitely not to the ex-son-in-law.
 

Che.guevara

2017-02-10 15:48:46
  • #4
No real estate transfer tax is due on gifts! However, gift tax applies if the exemptions are exceeded.

... now I like the discussion much better.

Why should men only pay and not benefit from value increases!
 

ypg

2017-02-10 16:27:26
  • #5


So far, I actually read that it is about assets of a woman or her parents, from which he, the man, can only benefit!
 

Che.guevara

2017-02-10 16:30:06
  • #6
Who will repay the significant loans?

Have you ever looked at the income distribution?

Well, of course, the woman has her own earnings for herself and the man pays for everything!
 

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