Schenkung unter Nießbrauchsvorbehalt-Gift with Retained Usufruct – Form 3520
Kontaktieren Sie uns für eine vertrauliche Beratung.
Dr. Günther Grewe, WP RA StB CPA
+49 89 2351 3218 after 3pm CET from Germany
+1 914 816 1115
Grewe@WP-RA-usa.com
Grewe@WP-RA-usa.com
6. to 19. January 2024 via mobile phone:
+49 172 745 3796
Antje Klaunig, WP StB CPA
+49 89 6151 5973 after 3pm CET from Germany
+1 914 205 6002
Klaunig@WP-RA-usa.com
Seeking Professional Guidance for Inherited Assets
Inheriting assets from a German citizen and resident, including real estate, GmbH shares, partnerships, and PFICs like ETFs, requires a thorough understanding of the tax implications and reporting requirements in Germany and the United States. Consulting with a qualified Wirtschaftsprüfer und Steuerberater in den USA® can help navigate these complexities, ensure compliance with applicable regulations, and minimize potential tax liabilities.
In conclusion, being well-informed and seeking professional guidance can help US citizens manage the tax implications and reporting requirements when inheriting assets from a German citizen and resident. Proper understanding and assistance can ensure compliance with tax regulations and minimize potential liabilities.
For assistance, please get in touch with our experienced tax advisors. We are only a phone call away, +49 89 2351 3218 or +1 914 816 1115 after 15h (9 am ET).
US Tax Implications, Reporting Requirements, and Basis for Inheriting and Receiving Gifts from a German Citizen and Resident
Navigating Tax Consequences and Reporting Requirements for US Citizens
Inheriting assets or receiving gifts from a German citizen and resident can present various tax issues for US citizens, including potential tax liabilities in Germany and the United States. Understanding the tax implications, reporting requirements, and basis for different types of inherited assets or gifts, such as real estate, shares in GmbH, shares in partnerships, and Passive Foreign Investment Companies (PFICs) like ETFs, is crucial to ensure compliance with regulations and minimize the tax burden.
Reporting Gifts and Inheritances on Form 3520
When a US citizen receives a gift or inheritance from a German citizen and resident, they may need to report it on Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts. This form is required when the value of gifts or inheritances from non-resident aliens or foreign estates exceeds specific thresholds.
US Tax Basis for Inherited Assets and Gifts
In the United States, the tax basis for inherited assets is generally stepped up to the property’s fair market value (FMV) at the time of the decedent’s death. This means that any capital gains tax owed on the subsequent sale of the property will be based on the difference between the FMV at the time of inheritance and the sale price.
For gifts, the recipient’s tax basis is generally the same as the donor’s, meaning that any capital gains tax owed on the subsequent sale of the property will be based on the difference between the donor’s basis and the sale price. However, suppose the FMV of the gifted property at the time of the gift is less than the donor’s basis. In that case, a different set of rules applies to determine the basis to calculate gain or loss on the subsequent sale.
“Schenkung unter Nießbrauchsvorbehalt” (Gift with Retained Usufruct)
“Schenkung unter Nießbrauchsvorbehalt” is a German legal concept that allows a person to gift an asset (e.g., real estate) while retaining the right to use and benefit from the property (usufruct) for a specific period or until their death. The recipient of the gift becomes the legal owner of the property. Still, the donor retains the right to use and receive any income from the property.
The gift may still be subject to US gift tax rules and reporting requirements for US tax purposes, even though the donor retains the right to use the property. The valuation of the gift for US tax purposes may need to consider the retained usufruct rights.
Tax Implications for Inheriting Real Estate, Shares in GmbH, Shares in Partnerships, and PFICs
Inheriting or receiving gifts of assets such as real estate, shares in a German GmbH, or shares in partnerships may be subject to German inheritance or gift tax. US citizens must report these assets on their US tax returns. Additionally, income or gains from these assets may be taxed in the United States, and specific reporting requirements may apply. Penalties for not complying with reporting requirements can be significant, including fines and interest charges.
PFICs, including foreign ETFs, can introduce tax complexity for US citizens. Gains from the sale or distribution of a PFIC are generally subject to US federal income tax at ordinary income rates, and an interest charge may apply to deferred tax amounts. US citizens must file Form 8621 to report PFIC holdings and transactions.