Hofmann & Fertig advises in relation to the structuring and tax neutral transfer of business assets under anticipated inheritance

Hofmann & Fertig advises the partner of a medium-sized family-owned partnership operating in the legal form of a GmbH & Co. KG with respect to the structuring and execution of business assets under anticipated inheritance. The children of the partner assumed all shares in the partnership as well as all other business assets such as real estate allocated to the partnership (Sonderbetriebsvermögen) and continue the business in second generation. Prior to the transfer of the family business the value of the business was determined based on the so-called simplified capitalised earnings method (vereinfachtes Ertragswertverfahren). The structure implemented allowed for a tax neutral transfer of the business assets.