· Insight

Cologne tax court 30.11.2023 - 7 K 217/21: Gift tax for family foundations abroad

Original: “FG Köln 30.11.2023 - 7 K 217/21: Schenkungsteuer bei Familienstiftungen im Ausland”

The establishment of a foreign family foundation is subject to inheritance or gift tax in Germany amounting to 30 or even 50 percent of the transferred assets. In contrast, there is a so-called tax class privilege for domestic family foundations, which results in a significantly lower tax burden. In a recent ruling, the Cologne tax court has expressed doubts as to whether this unequal treatment is compatible with European law and has referred the case to the ECJ for a preliminary ruling. In the current issue of RFamU, Dr. Michael Feldner discusses the decision of the Cologne tax court and outlines the current legal situation.

in: RFamU Recht der Familienunternehmen, Issue 5/2024, May 20, 2024
Authors: Dr. Michael Feldner
  • Private Clients
    • High-Net-Worth Individuals
    • Asset Management
    • Foundations and Trusts
    • Tax Planning / Structuring
    • Inheritance Tax Law
  • Tax
    • Tax Planning / Structuring
    • Succession Tax Planning
    • International Tax Law
    • Foundation Tax Law
  • Foundations and Non-Profit Organizations
    • Family Foundations
    • Succession Foundations
    • Foundation Tax Law
    • Corporate Foundations
    • Foreign Foundations