Heirs and assets
Asset succession
For family businesses and private estates, inheritance taxes can represent an economic burden that jeopardises the existence of the company and certain family circumstances can also trigger unwanted successions. Both entrepreneurs and wealthy private individuals should prepare and implement measures for the tax and legal optimisation of their estate and succession planning in good time.
A key element of asset succession planning involves a thorough analysis of the current and future family and tax situation, as well as the allocation of assets across different types and jurisdictions.
TAXGATE's services in this area show possibilities for reducing inheritance and gift tax burdens, for example through anticipated inheritance, asset reorganisations for the targeted use of inheritance tax benefits or by including life insurance policies and foundations.
Other legal arrangements such as marriage and inheritance contracts, wills and the execution of wills are included in the asset succession concept, customised to your needs. In addition, our advisors have many years of experience in taking international aspects into account, for example when moving abroad. In particular, moving abroad, which is attractive in terms of inheritance tax, can be associated with considerable tax burdens in terms of income tax without the corresponding actual realisation of profits, meaning that careful preparation and implementation are of particular importance.
Investment Consulting
The large number and complexity of investment alternatives for capital and tangible assets first requires a comprehensive and clear inventory of investments and types of income. Our services in this area focus on the development of standardised asset controlling for all investments, including a timely analysis of the individual investments in terms of effective costs, income and taxes.
Our activities include in particular
- Analysis of your initial situation (statutory succession or dispositions upon death / conditions under company and family law / tax risks and opportunities in inheritance tax law and income tax law)
- "Dying on trial" - determining the tax and legal consequences of your current organisation
- Examination of the possibilities of claiming tax exemptions, in particular for business assets, determination of your company's exemption from inheritance and gift tax, optimisation options
- Inheritance tax and gift tax returns, in particular for complex assets with participations in the estate and/or foreign connections
- Settlement of communities of heirs
- Supporting the succession process for company succession from conception to handover
- Moderation of conflicts in communities of heirs and/or among shareholders, mediation
- Wills and inheritance contracts
- Gift agreements
- Marriage contracts
- Partnership agreements
- Foundation statutes and foundation business, clarification of all requirements for setting up a foundation with the relevant authorities
Track Record
We have acquired our in-depth and long-standing experience in numerous national and international transactions. In the recent past, for example, we have advised our clients on the following, mostly cross-border, projects:
Heirs and assets:
- Ongoing support for a family business with three family branches, several locations in Germany and abroad, in particular handling inheritance cases among the shareholders, inheritance tax and declarations of assessment, valuations, gift agreements between family members, drafting family governance, revision of articles of association
- Multi-year support for an inheritance case in a billionaire family with numerous shareholdings, declarations of assessment, monitoring of payroll totals
- Support and declaration of the establishment of a family foundation including the transfer of a shareholding in a medium-sized company
- Establishment of a corporate foundation upon death, donation of a limited partnership interest in a medium-sized company
- Mediation of a family conflict with subsequent real division of company assets
- Conducting negotiations on the departure and compensation of a family shareholder together with the assessment of the tax consequences in a globally active family business with a group structure
- Supporting an international family with German property with succession planning
- Dispute between a community of heirs with a large property portfolio
- Structured a swinging matrimonial property regime for the settlement of advance gifts
- Advising numerous wealthy private individuals on the tax and inheritance law efficient organisation of their asset succession, including advice on wills and anticipated succession
- Establishment of a charitable foundation as the future heir of a childless and wealthy entrepreneur and assumption of the function of the board of directors
- Structuring and implementation of anticipated succession (gifts, inheritance contracts, wills, foundations) as well as active organisation and support of the respective company succession for a large number of medium-sized family businesses
- Planning and support of donations, in particular of shares in southern German family businesses (company sizes of EUR 50 million to EUR 2.5 billion)
- Lecturer in the field of succession and inheritance tax, e.g. at the DHBW in Stuttgart
- Author of specialist books and journals
- Advisory board activities (for companies and foundations, also as chairman of the advisory board)
Your challenge is our priority
In a non-binding consultation, we’ll work together to explore the best options for you and how we can assist.
