Our clients are often faced with the question of how they should structure their investments. This may involve property, securities, private equity, company participations or other assets. We find the tax-optimised structure for our clients and implement it accordingly from a legal perspective, in particular:

• Tax and legal review of the optimal structure for all asset classes
• Tax and legal implementation of holding structures
• Drafting of contracts for family companies/family pools, contribution agreements and gift agreements
• Support in family court proceedings involving minors
• Obtaining binding information from and communicating with tax offices if required
• Preparation of the corresponding tax returns for the realised asset structure

 

We support succession planning for companies and private assets, taking strategic and economic considerations into account. Succession planning includes, for example

• Determination of the status quo and the resulting tax consequences
• Development of a tax-optimised succession concept – including the use of domestic and foreign foundations
• Drafting of the contract, including any necessary coordination with supervisory authorities (foundation supervisory authority, family courts, etc.)
• Obtaining binding information from the tax authorities

We are also happy to support you with the declaration of the implemented succession concept, in particular:

• Submission of any necessary notifications to the tax authorities
• Submission of necessary tax returns (e.g. declarations for valuation purposes, gift tax returns, etc.)
• Monitoring of subsequent blocking and retention periods

 

Many of our clients come from other countries, have assets abroad, would like to move abroad or at least their children live abroad. In all such cases, there are legal and tax particularities not only in Germany, but also in the countries concerned. We take care of the questions that arise from a German perspective. If expertise in foreign law is required, we rely on our network of friendly law firms in many countries, which has proven itself in many projects over the years. In such cases, we coordinate the respective issues and can implement internationally harmonised solutions hand in hand with our foreign partners, in particular:

• Avoidance of unbundling and exit taxation
• Advice on moving to or returning to Germany
• Assistance with cross-border marriage contracts and testamentary dispositions
• Support with investments abroad
• Establishment of foreign structures

 

As part of tax reporting, we determine all tax-relevant income from capital assets and private sales transactions, even for highly complex assets. Tax reporting for private individuals includes, for example

• Statement of creditable capital gains tax
• Statement of foreign withholding tax
• Recognition of all foreign currency gains and losses

Tax reporting for business assets includes both the determination of profit under commercial law and the off-balance sheet determination of taxable income, e.g:

• Accounting report with all assets and liabilities
• Recognition of all income and expense components
• Partial exemption for investment income
• Tax deductible at source is differentiated by country.

 

As an experienced team in the field of tax compliance, we can support our clients in the preparation of tax returns and annual financial statements. This applies in particular to

• Wealthy private individuals
• Asset management companies
• Charitable foundation
• Family foundations

In addition to pure declaration consulting, our services also include

• Conducting objection and legal proceedings
• Support during tax audits
• The appraisal of capital investments from a tax perspective

 

As the former head of the Foundation Centre at HSBC Trinkaus & Burkhardt AG, our partner Dr Klümpen-Neusel has in-depth specialist knowledge and extensive experience. With this specialised knowledge we advise

• Charitable foundations
• Domestic and foreign family foundations

in all ongoing legal and tax issues. We are also happy to support you in setting up your foundation by

• Draft the foundation deed and foundation statutes (if necessary in co-operation with a foreign lawyer)
• Communicate with the foundation supervisory authority
• Take over the coordination with the tax office.

 

Property is an important asset class for our clients. The establishment, development and succession of a property portfolio must be planned sensitively and professionally. We are happy to support you in particular with

• The establishment of tax-optimised acquisition structures
• Establishment of family companies for the participation of future generations
• Structuring of residential property companies with inheritance tax benefits
• Tax-optimised acquisition of foreign holiday properties

Our advice also includes the preparation of property transfer tax notifications, including the associated declaration.