Inheritances and gifts: Possibilities for a fair taxation of intergenerational capital transfers

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Johannes Stößel
Julian Schneidereit
Sonja Stockburger

Abstract

In Germany, transfers of assets between generations are subject to inheritance and gift tax.1 However, there are different views on whether or not the present level of taxation is high enough. Our study looks at the potential for applying increases. We show that the constitutional framework does indeed allow for higher taxation in the case of intergenerational property transfers. We identify the essential points in current German inheritance and gift tax law, which make it possible to transfer large assets with no or low inheritance tax burden. For these points as well as the determination of tax rates, we propose reform approaches and present options for the use of possible additional income.

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Author Biographies

Johannes Stößel

Johannes Stößel M.Sc. is a certified tax consultant. He studied Business Administration and was a PhD student and research assistant in corporate taxation at the University of Bamberg. In his research he focuses on tax effects and on the value-added tax in Europe and Germany.

Julian Schneidereit, Otto-Friedrich-Universität Bamberg

Julian Schneidereit is a PhD student in corporate taxation at the University of Bamberg. In his research he focuses on taxation of partnerships. He studied business administration at the University of Bamberg and the Cooperative State University Mosbach. The topic of his master’s thesis was the inheritance and gift tax reform 2016 in Germany.

Sonja Stockburger, Otto-Friedrich-Universität Bamberg

Sonja Stockburger is a PhD Student in corporate taxation at the University of Bamberg. Before this, she studied Finance and Accounting at the University of Bamberg and business administration at the University of Applied Science in Kiel. In her research she deals, among other things, with questions of tax justice and fair taxation.