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Getting The Deal Through

Private Client

Published: December 2019

Germany


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  • 1.

    Residence and domicile
    How does an individual become taxable in your jurisdiction?

  • 2.

    Income
    What, if any, taxes apply to an individual’s income?

  • 3.

    Capital gains
    What, if any, taxes apply to an individual’s capital gains?

  • 4.

    Lifetime gifts
    What, if any, taxes apply if an individual makes lifetime gifts?

  • 5.

    Inheritance
    What, if any, taxes apply to an individual’s transfers on death and to his or her estate following death?

  • 6.

    Real property
    What, if any, taxes apply to an individual’s real property?

  • 7.

    Non-cash assets
    What, if any, taxes apply on the import or export, for personal use and enjoyment, of assets other than cash by an individual to your jurisdiction?

  • 8.

    Other taxes
    What, if any, other taxes may be particularly relevant to an individual?

  • 9.

    Trusts and other holding vehicles
    What, if any, taxes apply to trusts or other asset-holding vehicles in your jurisdiction, and how are such taxes imposed?

  • 10.

    Charities
    How are charities taxed in your jurisdiction?

  • 11.

    Anti-avoidance and anti-abuse provisions
    What anti-avoidance and anti-abuse tax provisions apply in the context of private client wealth management?

  • 12.

    Trusts
    Does your jurisdiction recognise trusts?

  • 13.

    Private foundations
    Does your jurisdiction recognise private foundations?

  • 14.

    Same-sex relationships
    Does your jurisdiction have any form of legally recognised same-sex relationship?

  • 15.

    Heterosexual civil unions
    Does your jurisdiction recognise any form of legal relationship for heterosexual couples other than marriage?

  • 16.

    Estate constitution
    What property constitutes an individual’s estate for succession purposes?

  • 17.

    Disposition
    To what extent do individuals have freedom of disposition over their estate during their lifetime?

  • 18.


    To what extent do individuals have freedom of disposition over their estate on death?

  • 19.

    Intestacy
    If an individual dies in your jurisdiction without leaving valid instructions for the disposition of the estate, to whom does the estate pass and in what shares?

  • 20.

    Adopted and illegitimate children
    In relation to the disposition of an individual’s estate, are adopted or illegitimate children treated the same as natural legitimate children and, if not, how may they inherit?

  • 21.

    Distribution
    What law governs the distribution of an individual’s estate and does this depend on the type of property within it?

  • 22.

    Formalities
    What formalities are required for an individual to make a valid will in your jurisdiction?

  • 23.

    Foreign wills
    Are foreign wills recognised in your jurisdiction and how is this achieved?

  • 24.

    Administration
    Who has the right to administer an estate?

  • 25.


    How does title to a deceased’s assets pass to the heirs and successors? What are the rules for administration of the estate?

  • 26.

    Challenge
    Is there a procedure for disappointed heirs and/or beneficiaries to make a claim against an estate?

  • 27.

    Minors
    What are the rules for holding and managing the property of a minor in your jurisdiction?

  • 28.

    Age of majority
    At what age does an individual attain legal capacity for the purposes of holding and managing property in your jurisdiction?

  • 29.

    Loss of capacity
    If someone loses capacity to manage their affairs in your jurisdiction, what is the procedure for managing them on their behalf?

  • 30.

    Visitors’ visas
    Do foreign nationals require a visa to visit your jurisdiction?

  • 31.


    How long can a foreign national spend in your jurisdiction on a visitors’ visa?

  • 32.

    High net worth individuals
    Is there a visa programme targeted specifically at high net worth individuals?

  • 33.


    If so, does this programme entitle individuals to bring their family members with them? Give details.

  • 34.


    Does such a programme give an individual a right to reside permanently or indefinitely in your jurisdiction and, if so, how?

  • 35.


    Does such a programme enable an individual to obtain citizenship or nationality in your jurisdiction and, if so, how?

  • Updates and trends

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P+P Pöllath + Partners is an internationally operating German law firm, whose more than 140 lawyers and tax advisors in Berlin, Frankfurt and Munich provide high-end legal and tax advice.

View more information about P+P Pöllath + Partners


Berlin
Potsdamer Platz 5
10785
Berlin
Germany
T: +49 30 25353 0
F: +49 30 25353 999
Frankfurt
An der Welle 3
60322
Frankfurt
Germany
T: +49 69 247047 83/22
F: +49 69 247047 35/30
Munich
Hofstatt 1
Entrance Färbergraben 16
80331
Munich
Germany
T: +49 89 24 24 00
F: +49 89 24 24 0999


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