Succession planning is a sensitive matter for many hotel and catering businesses. A frequently used structuring model in hotel and gastronomy succession is the transfer of partnership shares with a retained usufruct interest (also called a “usufruct arrangement”).
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The transfer of business assets is a central issue in business succession and tax advisory. Under German inheritance and gift tax law, substantial tax benefits are granted to ensure the continuation of medium-sized companies and to preserve jobs. However, political reform proposals and a pending case before the Federal Constitutional Court may soon significantly restrict these privileges.
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Business valuation is a central foundation for strategic decisions – for example, in succession planning, the sale of a company, or the entry of investors. A sound valuation not only helps entrepreneurs during negotiations but also supports their own planning, and is therefore at the core of any succession arrangement.
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As part of lifetime business succession planning, businesses or partnership shares are frequently transferred by way of gift to successors—often with a retained usufruct (beneficial interest) in favor of the donor. To maximize available tax benefits—particularly exemption allowances—stringent compliance with specific regulatory requirements is essential.
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In the context of business succession, it is common for business owners to transfer company shares to the next generation by way of gifts.
It is equally conceivable to gift company shares to employees for strategic reasons. But is such a gift, e.g. of shares in a limited liability company (GmbH), subject to income tax as remuneration? The Federal Fiscal Court recently addressed this question.
Due to demographic change, the topic of company succession is becoming increasingly explosive, especially in medium-sized businesses. It requires careful preparation and poses numerous challenges for both the transferor and the transferee. Moreover, a takeover process can extend over several years if legal and tax aspects are to be used optimally.
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