Family home tax trap: What parents need to consider when deciding on inheritance!

Family home tax trap: What parents need to consider when deciding on inheritance!

Transferring the family home can quickly become a tax challenge, especially if it is passed on to several children. Focus.de highlights that the loss of tax exemption entails significant risks. Tax benefits for the family home can be lost if they are not managed correctly.

A spouse can transfer the family home to the surviving partner tax-free under certain conditions. The condition for this is that the spouse lives in the home for at least ten years. However, in the event of a transfer in the event of inheritance, the family home can only be passed on to a child tax-free; a gift during your lifetime is subject to tax.

Special regulations for children and heirs

A child who wants to move into an inherited family home must move in within six months and then use it for their own residential purposes for at least ten years. In addition, if the living space is more than 200 square meters, only the excess portion is exempt from tax. Particular caution should be exercised if multiple children are involved as heirs, as it is not guaranteed that all of them will live in the family home.

• Die Steuerfreiheit bleibt bestehen, wenn eine Erbauseinandersetzung erfolgt und das Familienheim einem Kind zugewiesen wird. In diesem Fall muss ein Wertausgleich an die anderen Erben erfolgen.
• Dieser Wertausgleich muss aus dem Nachlassvermögen erfolgen; erfolgt er aus dem Privatvermögen des einziehenden Erben, entfällt die Steuerfreiheit.
• Schädliches Nachlassvermögen, wie zum Beispiel eine vermietete Wohnung, kann ebenfalls die Steuerfreiheit gefährden.

Parents should therefore specify a division order in their will to ensure that the family home is tax-free. This arrangement prevents a complex inheritance dispute and ensures that the beneficiary child can actually move into the family home.

Legacies and Use

Alternatively, a legacy for the family home can be granted in the will to secure the claim of the child moving in. It is advisable to clarify early on which child actually wants to move into the family home and to record the relevant regulations in the will.

The transfer of self-used real estate to spouses or children is favored by Section 13 Paragraph 1 No. 4 ErbStG, emphasized Haufe.de. To be tax exempt, the family home must be the center of the family life of both spouses, which includes use by children or other relatives.

It is important to note that the tax exemption does not apply if the property is transferred to a child within ten years or if the inherited property is no longer used by yourself. Even in the event of a dispute over an inheritance, only the co-heir who moves in can benefit from the tax exemption.

In summary, it can be seen that the regulations regarding the tax exemption of the family home both impose complex requirements and contain specific deadlines. It is therefore crucial to deal with the tax aspects of the transfer of ownership at an early stage and, if necessary, seek legal advice.