Operating split Assessment
March 14, 2011 | 20,00 EUR | answered by Dipl.BW/SB Ulrich Stiller
I am a shareholder-director of a GmbH that already operates a guesthouse. Now I would like to acquire another guesthouse in my personal name (it will also be financed in my name) and rent it out to the GmbH, which will then operate the guesthouse. I want to remain more flexible in my withdrawals and build up personal assets. As far as I know, I will then have commercial income and a business tax exemption of €24,500. What other advantages and disadvantages are there, and can I generally set up this structure? What else do I need to consider?
Dear seeker,
Thank you for your inquiry, which I would like to answer based on your information and in the context of your commitment in a first consultation as follows:
In the constellation you are planning, the GmbH is the operating company and the shareholder managing director as the landlord is the owning company. Both companies generate income from commercial operations, with the GmbH as the operating company providing the actual business purpose, and you as the owning company providing commercial rental income, but can claim the exemption of up to 24,500 euros.
However, the building shares are not considered personal assets but business assets, which can lead to a taxable withdrawal or capital gain in the event of a business cessation or termination of the business split-up. Through the so-called "Wiesbaden model", if the spouse is the owner of the properties to be rented out, the real estate remains personal assets due to lack of personal interconnection. Then, income from rental and leasing is generated, which can be tax-free after the expiration of the so-called speculation period of 10 years.
The business split-up is a very complex topic that requires detailed consultation.
I hope I could be of assistance within the scope of your commitment.
Sincerely,
Ulrich Stiller
Tax advisor/Diploma
