The tax exemption for business assets of §§ 13a to 13c ErbStG allows an inheritance tax-free and gift tax-free transfer of individual companies, co-entrepreneur shares and shares in corporations. However, the so-called administrative assets are excluded from the exemption. The legislator regards these assets as “insignificant for the operation” and therefore refuses them the exemption.
However, there are also exemptions from this. Because § 13b ErbStG knows on the one hand a harmless share of administrative assets and on the other hand the concept of “young administrative assets”.
First principle: administrative assets as a taxable acquisition
With the tax exemptions pursuant to §§ 13a to 13c ErbStG, the legislature wishes to enable the tax-free transfer of operating assets. As a result, assets that are not normally part of the ‘operational part’ of an undertaking must be excluded from the benefit. The taxpayer – i.e. the heir, the donor or the gifted person – is thus denied the tax exemption in this respect again.
Which assets fall under the management assets, we look at in more detail in the following paragraph. First of all, the principle that administrative assets are exempted from the exemption applies to two exceptions:
This article does not replace tax or legal advice in an individual case. Facts, current law, jurisdiction, documentation and implementation remain decisive.