An interest in a KGaA as administrative assets not eligible for gift tax benefits

In their commentary on the ruling, the authors point out that, by classifying the KGaA general partner’s interest as administrative assets, the Federal Fiscal Court (BFH) has, for the first time, applied an analogy to the detriment of the taxpayer, thereby breaking with the previously understood exhaustive list of administrative assets. Using examples such as cryptocurrencies, advance payments on administrative assets, and rights of use, the authors demonstrate where the boundaries of permissible analogies lie according to BFH case law - and why extending the list of administrative assets to these categories is not convincing from a legal-theoretical perspective.