Tax: Tax Office Demands Tax - Despite Heir Getting Nothing
Even if an heir only learns about their claim late and receives nothing, inheritance tax is still due. The Federal Tax Court clarified why this is the case - and what exceptions exist.
In Germany, inheriting money, property or shares is often seen as a potential financial windfall. However, when an inheritance is left empty, the situation can be quite different. The beneficiary does not necessarily have to leave any debts behind. Even a seemingly simple inheritance can end up with a value of zero euros once all formalities and procedures have been completed.
The final decision regarding any potential inheritance tax rests with the Federal Finance Court (case II R 1/22). In a recent case, the deceased left a handwritten will in 2006, appointing a man, his mother, and another woman as beneficiaries, with the estate to be divided equally among them. When the beneficiary died, the legal heirs of the deceased applied at their local district court for a probate certificate.
The court, unaware of the handwritten will, only listed the legal heirs, each receiving half of the estate.
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- Tax: Tax Office Demands Tax - Although The Heir Receives Nothing handelsblatt.com
