Nießbrauchsdepot

When it comes to succession planning and asset transfer, the older generation often faces the dilemma of how to transfer their assets to the next generation efficiently and in a tax-efficient manner without losing control over the income and management of the assets. One solution that is becoming increasingly popular is the establishment of a usufruct deposit.

What is a usufruct deposit?

A usufructuary deposit is a special form of asset transfer in which a securities account is transferred from the older generation (usually the parents) to the younger generation (usually the children). The key feature of a usufructuary deposit is that the older generation reserves the right to continue to receive the income from the deposit and to manage the deposit itself.

  • Use of tax allowances:
    When transferring assets from parents to children, an allowance of £400,000 per parent and child can be used every ten years. This offers a significant opportunity to reduce the gift tax burden. By strategically utilising these allowances, parents can transfer a substantial portion of their assets to their children early on in a tax-optimised manner.
  • Ongoing use of income:
    Despite the transfer of the securities account, parents retain the right to withdraw income from the account. This allows them to continue to benefit from the fruits of their assets without having to forego the advantages of early asset transfer. This continuous use of income is particularly attractive for those who depend on the income from their investments.
  • Flexibility in asset investment:
    The usufruct account offers a high degree of flexibility in investment decisions. Parents can continue to invest in various capital investments, be it shares, bonds or other securities. Indirect investments in real estate via closed-end or open-end real estate funds are also possible. This flexibility allows parents to adapt their investment strategy to their individual needs and market conditions.

Valuation and tax aspects

  • Capital value of the securities account: When transferring the securities account, an accurate valuation of the capital value is necessary. The market values of the securities quoted on the valuation date are used for the valuation. This valuation is decisive for the calculation of gift tax.
  • Reduction of the assessment basis for gift tax: Establishing a usufructuary right reduces the assessment basis for gift tax. This can significantly reduce the tax burden on a transfer of assets.

Valuation of usufruct:To value the usufructuary right, the annual value of the securities account is multiplied by a factor that depends on the life expectancy of the parents. This valuation takes into account that the parents will only receive income from the securities account for a limited period of time

Conclusion

The usufruct securities account is an effective tool in succession planning, enabling assets to be transferred in a tax-optimised manner while the older generation continues to benefit from the income. However, this instrument requires careful planning and professional advice to ensure that all tax advantages are exploited and legal pitfalls are avoided. A usufruct deposit can be an excellent option for achieving a targeted and tax-efficient transfer of assets.

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