Whoever wishes to make use of the tax exemption for business assets pursuant to §§ 13a and 13b ErbStG usually receives this exemption only for those assets which do not constitute so-called administrative assets. In the context of the transfer of several shareholdings (e.g. an entire holding structure with several subsidiaries), a so-called list of assets in accordance with § 13b(9) ErbStG may be necessary. It is intended to prevent harmful administrative assets from being transferred tax-free in the “coat” of a subsidiary or sister company.
1 . Principle: Administrative assets are subject to gift tax
If a business (sole enterprise, share in a partnership or corporation) changes ownership by way of donation, the donation is free of inheritance tax and gift tax (§§ 13a and 13b ErbStG). However, this only applies to assets that do not constitute administrative assets (harmful operating assets). Administrative assets include in particular:
This article does not replace tax or legal advice in an individual case. Facts, current law, jurisdiction, documentation and implementation remain decisive.