You can download our checklist for the preparation of a deed of gift / transfer agreement here.
Please complete the checklist on screen or by hand and send it by post, fax, e-mail or bring it to us! Thank you very much!
Note: The checklist only serves to compile the necessary information. It does not replace a personal consultation. When submitting the checklist, please provide us with a telephone number where we can contact you. We will then call you to discuss the structure and details of your transfer agreement and the further procedure with you.
Transferring real estate to the next generation during your lifetime can have many advantages for you:
- Gift tax allowances: You can already take advantage of gift tax allowances during your lifetime (per child and parent: € 400,000). If ten years have passed since the gift was made, a new gift tax allowance is available to you again. You can use this again for another gift. If ten years pass between the last gift during your lifetime and the inheritance, the heirs will also have a new tax-free allowance for the inheritance. This means that a gift made during your lifetime often significantly reduces inheritance tax for the heirs.
- Reduction of compulsory portion claims: If you wish to exclude individual persons entitled to a compulsory portion, in particular children, from the inheritance, you can also reduce the children's entitlement to a compulsory portion by making a transfer during your lifetime with the right arrangement.
- Investment basis: They can enable future generations to invest in property on a secure basis, for example to build a house or modernize an apartment.
- Cost savings: You can get rid of the costs that land ownership is currently causing you.
- Retirement provision: You can secure your future provision by agreeing counter-benefits such as pension payments or a care obligation with the purchaser. You can also secure these obligations in the land register.
- Ensuring continued use: If you would like to continue using the property yourself, you can reserve the right to a right of residence. If, on the other hand, you would like to be able to rent out the property, it is advisable to create a usufruct.
- Avoidance of social welfare recourse: If ten years have passed since the property was transferred, the social welfare provider can no longer access the property. In this way, you ensure that the property is preserved for your children.
- Asset protection: If you have a profession that involves liability, you can reduce your liability by transferring the property, subject to a possible creditor challenge.
- joint management / family company: If you would like to hold and manage property in your family together over a longer period of time, it is advisable to set up a family company. In particular, the legal forms of a civil law partnership (GbR), a limited partnership (KG), a limited liability company (GmbH) and a GmbH & Co. KG. We will be happy to advise you on the most suitable company form for you. We can draft the articles of association individually according to your needs and regulatory wishes. This applies in particular to important aspects such as the coordination between shareholders, the distribution of profits and the creation of reserves, the termination of a shareholder, the exclusion of shareholders for good cause, the amount of compensation for departing shareholders, succession in the event of the death of a shareholder and the subsequent transfer of shares to children, grandchildren and other successors.
You must weigh up these advantages and structuring options against the disadvantages that a property transfer can have, in particular the loss of power of disposal over the property. You can no longer sell the property and, in principle, you can no longer use it as collateral for bank loans unless you make appropriate agreements with the purchaser. A transfer of real estate should therefore be carefully considered and designed to suit you!
We would be happy to advise you on the transfer of real estate and the most suitable structure for you.
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