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The company is to be sold. Siblings A and B have other qualified professions. A was gifted the company for tax reasons and has been running the business on paper for seven years. A pays pensions to B and C (C = father). A wants to be independent from the company and sell to B for the amount of the bank debts, but in return, A will receive a pension. Or for 10,000,000 (abstract variable) to an investor. What taxes are incurred in each case? Should A wait another three years for tax reasons to have completed 10 years as the owner in order to be exempt from taxes on the proceeds from the sale? Is that correct? If A sells to B, would B then also want to sell to an investor at the same price. However, B has not been running the business for 10 years yet. B pays a pension to A and C as long as B is running the business on paper. What are the taxes in this case? What if no suitable investor is found? C officially operates the business as a tenant and is very old. C agrees with the sales modules A to B or investor, B to investor.

Andreas Scholz

Dear inquirer,

First of all, I would like to point out that by submitting your question, it will be made public with your name. However, it may be possible to arrange for the text to be deleted with the management. I will send a corresponding message this evening.

Furthermore, based on your information, it seems that you prefer a discreet handling and a non-publicly visible response. For this reason, please send me your email address so that I can handle your question discreetly and respond to you privately.

My contact details are:

Andreas Scholz
Luisenstraße 4
78464 Konstanz

Tel: 07531 8020646
Fax: 07531 8020645
Email: RA.Scholz@Rechtsanwaltskanzlei-Scholz.de

Best regards,

Andreas Scholz, Esq.

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Andreas Scholz