Income tax, gift, land leasehold
Hello!
I have a question:
It concerns an agricultural operation.
Owner A grants his son B approximately 1,000 square meters of leasehold land on the farm.
He wants to grant this to him free of charge.
Now, within the context of family relationships, there are tax-free allowances, so that A does not have to pay income tax on the rental and lease income that would normally be due.
Something like: In the context of anticipated succession or something like that? Gift leasehold rent?
The size of the plot with the leasehold right would allegedly also play a role. It should not be significantly larger than 1,500 square meters.
If I interpret this correctly, the following approach could also be relevant:
The leasehold right is registered with a leasehold rent of 0 euros. The tax office uses a customary rate for taxation. (As described and calculated on page 18 in the following link: http://www.otto-schmidt.de/ovs_buchhandel/a_er3_nachtrag.pdf)
This amount essentially represents the value of the leasehold right, which is subject to examination under gift law. If the value is below 205,000 euros (the allowance for gifts to children), then A would not have to pay income tax on the granted leasehold right.
Theoretically, this could be calculated back and should lead to the dubious 1,500 square meters?!
Does anyone have knowledge of this and can someone explain it in more detail?
