The tax breaks for companies heirs violated only in part to the Basic Law. This was decided on Wednesday, the Federal Constitutional Court. The majority of businesses may, however, hope for more benefits.
The Federal Constitutional Court has defined the applicable inheritance tax rules declared company unconstitutional and asked the legislature to make adjustments. At the same time, the Court reiterated that exemptions for small and medium-sized enterprises within the law.
The tax breaks for companies heirs in their current form, therefore, violated in part against the principle of equal treatment of the Basic Law. The legislature has to make a revision to 30 June 2016. Until then, the current regulations are more applicable, the court ruled on Wednesday. (Ref. 1 BvL 21/12).
The Constitutional Court ruled on a template of the Federal Finance Court (BFH), who gave tax breaks for companies heirs against heirs of private wealth inadmissible.
Small businesses are also further relieved
However, the majority of the family may continue to hope for tax benefits. As the Court held that it is in the discretion of the legislature, “small and medium-sized enterprises, which are managed in personal responsibility, to favor tax to secure their position and to maintain employment.”
The existing exemption rules, provide tax benefits the company, therefore do not contradict the Constitution. According to them, the Company wholly or inheritance tax to 85 percent will be canceled if they keep on seven and five years wages constant.
Large companies have tested the future
For small and medium-sized enterprises, these advantages are therefore still possible, while the legislature may have to manipulate large companies, as the Court expounded.. GG “The exemption rules as such are in principle with article 3, paragraph 1 compatible, requires the transition of large corporate assets but the correction. ” The legislature must now criteria for determining the large companies define define the future must undergo a “needs test” yourself.
was also tipped the special treatment of small businesses with fewer than 20 employees. Who could have benefited from the exemption, without having to hold the payrolls stable.
However, falling 90 percent of all family business under this category is the rule-exception relationship reversed, summoned the Federal Constitutional Court. It called on the legislature to reduce the period specified size of the exempted factories clear.
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Federation of Taxpayers’ heirs can breathe “
Pure wood nail from the Taxpayers Association welcomed the ruling:” All corporate heirs, who in the next time take their heritage, can now breathe easy, “he said ABC Online. He said it is likely that the legislature would adhere to the principle of exemption rules. . The German Confederation of Trade Unions called the verdict as “good and balanced”
The German Forum for Inheritance, however, criticized the decision: The Federal Constitutional Court has recognized, that the inheritance tax law is unjust, “but not powerful the necessary consequence pulled “.
The inheritance Forum reiterated its demands, including especially the for an end to special rules. “Everyone inheritance should be taxed moderate and fair”, said the forum and called tax rates between two and ten percent. However, exceptions are contrary to the principle of justice and should be deleted.
Entrepreneurship feared loss
The judgment was expected mainly of companies with voltage, warned them of the abolition of tax privileges. The inheritance deprivation company much needed liquidity, threatening jobs in Germany, BDI President Ulrich Grillo had declared yet on Tuesday.
“Without sparing provisions that would lead to a tax overloading of SMEs”
Also on ABC Online reported three companies heirs of their fears of staff shortages, liquidity problems and insolvency In Video:.. Complex of Fees What is the price of a tax advisor
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