The so-called testament of Berlin is in Germany of one of the most frequently chosen ways to regulate the succession in family. At the Berliner Testament both spouses agree mutually to threatens. The children inherit only if also the second parent dies. In this way it is ensured that the first surviving parent remains powered and the children are not too early assets. Without hesitation Hudson River Maritime Museum explained all about the problem. Erbschaftsteuerlich, this design is very inconvenient, because statutory exemption does not take advantage of. Here is a simple example: A married couple with two children has a total assets of EUR 1.5 million, which is one half of two partners.
The inheritance tax is created? At the death of the first spouse first no tax arises, at least if the surviving spouse is entitled to no pension. The high personal exemption for spouse enough here. At the death of the second spouse, the children inherit, they receive only a personal allowance of EUR 400,000. Each of the children has therefore approximately 51,000 EUR to pay inheritance tax. Legal successor, inherits the surviving spouse to a half and the two children to a quarter. Here, the estate tax would be, however, only about 17,000 EUR. It is even better to make the succession by Testament. The children are used to each half as heirs.
In this case, the inheritance tax is avoided altogether. The surviving spouse can be supplied to other means, such as through retirement benefits or the granting of a usufruct of. The example shows disadvantages brings the Berliner Testament from tax perspective. The parental assets exceed the Berliner Testament EUR 400,000 per child results in a fractional overhead. Whether this additional burden in purchasing is done, every man for himself must decide. In any case, it is recommended to take this decision after a detailed legal and tax advice. So avoids unnecessary burdens and error. For Questions we are available. Torsten Bogausch Schmidt & Partner GmbH Steuerberatungsgesellschaft Bautzener Strasse 38 02943 Weisswasser Tel.: 03576/2839-0 fax: 03576 / 283930 Internet: sp Weisswasser E-mail: