Tax Court of Münster: Distributions upon the Termination of a Trust may be Subject to German Income Tax
In its ruling dated March 23, 2023 - 1 K 2478/21 E, the Münster Tax Court (Finanzgericht Münster) decided that the assets distributed upon the…
German Federal Fiscal Court: The bequest of German Real Estate is not subject to limited inheritance tax liability
The Federal Fiscal Court (Bundesfinanzhof) has held, that the bequest (Vermächtnis) of a domestic property (Inlandsvermögen) is not subject to limited…
German Inheritance Tax: Tax-free Exemptions in 2023
The general tax-free exemption (Freibetrag) has not been changed as of Jan. 1, 2023, and thus remains unchanged since 2019. However, it is expected…
German Federal Civil Court: Application of English law can Violate German Public
IIn its judgment dated June 29, 2022 (Case No. IV ZR 110/21), the Federal Court of Justice upheld the decision of the Cologne Court of Appeal. The…
German Federal Fiscal Court Ruling on Gift Tax triggered by Distributions from a Foreign Trust
In its decision dated June 25, 2022, file no. II R 31/19 the German Federal Fiscal Court (Bundesfinanzhof) held that distributions from a Foreign pool…
German Federal Fiscal Court: Assets titled in Trust to which the Grantor has reserved comprehensive Powers are to be considered owned by him for German Inheritance and Gift Tax Purposes
The German Federal Fiscal Court (Bundesfinanzhof) has held in its judgment of June 25, 2021, file number II R 13/19, that assets in a trust to which…
Cologne Court of Appeal: Application of English law can violate the German Public Policy
The Cologne Court of Appeal has held in its judgment of April 22, 2021, file no. 24 U 77/20, that English law regarding the forced share is not…
Decicison of the German Federal Fiscal Court on the Taxation of Distributions from a 401(k) to Beneficiary in Germany
1) Distributions from a 401(k) are other income pursuant to Section 22 No. 5 Sentence 1 of the German Income Tax Act (Einkommensteuergesetz, EStG).
2…
Germany: Applicable laws as regards to ordering and supervision of a curator of the estate
(1) German courts have jurisdiction to order the curatorship of the estate of assets located in Germany of a testator who died with his last habitual…
German Inheritance Tax: Tax-free Exemptions in 2021
Personal Tax-free Exemption for 2021
The personal tax-free exemption (Freibetrag) depends on the familial relationship between deceased and…
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