karl.jonas
2022-04-25 22:17:47
- #1
[*]The exemption amount for the gift is 400k for each parent. Depending on the "other financial situation," it may therefore be advisable to transfer the house initially from 100% mom to 50:50 mom/dad. The tax advisor may calculate this if necessary.
[*]If the gift amount is below the exemption threshold, the (local) tax office does not calculate anything. Only if perhaps a second gift or inheritance occurs do they reconsider whether they should charge anything.
[*]The difference between "right of residence" and "usufruct" is important and should be clarified with a professional. For example, who should receive the income if your parents are in a nursing home (and therefore no longer want/can exercise the right of residence)? The lifelong usufruct for each individual parent puts your parents in a status similar to ownership; the right of residence is significantly weaker.
[*]It is important for your parents that the legal situation is notarized. This costs little. But with a well-intentioned and poorly made contract, it can always happen that the parents end up on the street despite the right of residence. (Ok, here I am on thin ice, I have a forced sale in mind, please check).
That was now layman’s half-knowledge. It has already been mentioned that for a few hundred thousand euros, some professional knowledge should be put into the agreements.