Redemption for consideration of a usufruct in GmbH shares not attributable to the usufructuary not taxable

The BFH has ruled on the taxability of the redemption of a usufruct in GmbH shares in return for payment - with far-reaching consequences for the attribution of income and previous practice. The question of who is the beneficial owner of the shares is also decisive for the attribution of current income in the case of a conditional usufruct. Any deviating, lump-sum attribution to the conditional usufructuary is (currently) out of the question.