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Pay inheritance/gift tax

  • Steuern und Abgaben

Taxation in the event of an inheritance or gift.

  • Basic information

    Inheritance tax taxes the transfer of assets upon the death of the testator.

    Gift tax is a tax on the acquisition of assets through inter vivos gifts. Inheritance tax and gift tax are governed by the same law.

    The question of whether and to what extent inheritance/gift tax is payable depends on the value of the acquisition and the family relationship. The relationship of the acquirer to the testator/gifter determines which tax class is applicable within the meaning of the Inheritance Tax Act. Each acquirer is entitled to a personal allowance, which applies both to acquisitions by reason of death and to gifts. The personal allowance can be used again every 10 years through gifts.

    The following are subject to inheritance tax (gift tax)

    1. acquisition by reason of death (e.g. inheritance, legacy)
    2. inter vivos gifts
    3. donations for specific purposes
    4. the assets of a foundation, provided it is set up essentially in the interests of a family or certain families, at intervals of 30 years (inheritance tax)

    Requirements

    • Inheritance tax generally arises upon the death of the testator.
    • Gift tax arises at the time when the gift is made. This is the case when the donee has received what the donor intended to be given to him and can freely dispose of it.

    The circumstances at the time the tax arises (valuation date) are decisive for the determination of the tax.

  • Procedure

    Every acquisition subject to inheritance and gift tax must be reported by the acquirer (in the case of gifts also by the donor) to the tax office responsible for inheritance and gift tax within three months of becoming aware of the transfer of assets.

    The competent tax office is determined by the last place of residence of the testator or donor. If the donor lives/is domiciled abroad, the tax office at the place of residence of the donee is always responsible.

    In the state of Bremen, the Bremerhaven tax office is centrally responsible for the assessment and collection of inheritance and gift tax.

    Notification is not required :

    • if the acquisition is based on a notarized or judicially opened will and the relationship of the acquirer to the deceased is clearly evident from this.
    • in the case of a gift, if this was notarized by a court or notary.

    The relevant tax office may request an inheritance tax return or gift tax return from the parties involved.

    However, despite the existence of a will, there is a duty of disclosure if the acquisition includes the following

    • a property
    • business assets
    • Shares in a corporation (e.g. a limited liability company)
    • foreign assets

    More information

    The acquisition can be notified to the tax office responsible for inheritance and gift tax by means of an informal letter, unless notification is not required. The following details must be included in the notification if they are known:

    • Name, tax identification number, address and date of birth of the acquirer and the testator or donor
    • Date and place of death or date of gift
    • Legal basis of the acquisition, e.g. statutory succession, will, bequest or compulsory portion legacy or compulsory portion
    • Personal Personal relationship to the testator or donor
    • Object and value of the acquisition
    • Previous Previous gifts from the testator or donor, including type, value and date

    Under "Forms" - Forms for inheritance and gift tax returns you will find fillable forms for reporting the acquisition.

    You can also request a form for the notification of acquisition or a declaration form from the tax office responsible for inheritance or gift tax.

    General inquiries can also be sent to the e-mail address ErbSchenk@fa-bhv.bremen.de .

  • Competent Department

  • Online Services

    Simplified online form
    You can use this form to upload applications and supporting documents for an existing application. You can also ask questions about your application.

  • Forms

  • Fees / Costs

    gebührenfrei

  • Deadlines & processing time

    What deadlines must be paid attention to?

    3 months The notification must be made within 3 months of becoming aware of the transfer of assets

  • Legal Bases

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This page has been automatically translated by DeepL. We cannot guarantee that the translation is correct.

The official information in German is complete and correct. 11.12.2025

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