Tax treatment of real estate GbR
August 2, 2019 | 30,00 EUR | answered by Steuerberater Bernd Thomas
We (father, mother, son) want to establish a real estate partnership (GbR). The mother will contribute a mortgage loan (in her name) of €80,000, while the father and son will each contribute €10,000 in cash. We want to divide the shares of assets and profits as 80% (mother), 10%, 10%. Is it possible for a shareholder to hold significantly more than 50% of the shares?
Dear inquirer,
I am happy to answer your inquiry based on the information provided in the context of an initial consultation on frag-einen.com. The response is based on the facts you have provided. Missing or incorrect information may affect the legal outcome.
You can allocate the shares according to a free agreement. However, for tax recognition, a contract that complies with the formal criteria of an arm's length transaction is necessary. If you allocate ownership shares differently, it may be considered a gift. This could be subject to gift tax.
Best regards,
Bernd Thomas
Tax advisor
Dipl.-Kaufmann (FH) Bernd Thomas, Tax Advisor, Neustadtswall 85, 28199 Bremen, bernd.thomas@yahoo.de, VAT ID No. DE316948369, Member of the Hanseatic Chamber of Tax Advisors Bremen, Registration Number 111705, Professional Indemnity Insurance with R+V Allgemeine Versicherung AG, Mittlerer Pfad 24, 70499 Stuttgart, Insurance sum: 250,000 euros per individual claim; Annual maximum benefit: 1,000,000 euros (for all damages in one insurance year), the professional regulations of the StBerG apply https://www.gesetze-im-internet.de/stberg/
