Transfer of parents' property to son's construction company
Hello everyone,
the background is as follows:
My parents own a debt-free plot of land. I want to build 2 semi-detached houses on this plot of land and sell the units as a developer before the construction begins. An appropriate developer's license (34c) is being applied for. In addition, a new GmbH will be founded for the developer business.
A few questions regarding this:
1) How can I transfer the plot of land into the GmbH in a tax-optimized way? I am thinking of a gift in advance from my parents to me personally, and then I transfer the plot of land from my personal ownership to the GmbH, but this would likely incur real estate transfer tax. Is there another way? For example, integrating my parents as shareholders in the GmbH? But I assume that even then the plot of land would have to be transferred from my parents' personal assets to the GmbH, resulting in the real estate transfer tax being due?
2) Do I even need to transfer the plot of land to the GmbH or what other options are there for the GmbH to use my parents' plot of land for construction?
3) What steps would be necessary to transfer the plot of land as a non-cash contribution to the GmbH and thereby save the share capital of 12.5k or 25k?
4) If real estate transfer tax is due when transferring the plot of land to the GmbH: What does the tax office accept or use as the basis for assessment? The original purchase price of the plot of land or the current value? If the latter, how or who assesses the current value of the plot of land?
Thank you in advance.
