Urban Thier & Federer, P.A.Urban Thier & Federer, P.A.2024-03-08T20:21:45Zhttps://www.urbanthier.com/feed/atom/WordPress/wp-content/uploads/sites/1203273/2019/12/cropped-favicon-32x32.pngOn Behalf of Urban Thier & Federer, P.A.https://www.urbanthier.com/?p=541592024-03-05T16:43:47Z2024-03-05T16:43:47ZUnderstanding the German Inheritance Tax
According to German law, when a person dies, their assets are transferred to their heir. For the inheritor, this is considered to be a form of income, and therefore taxable, just like earnings or capital gains. The tax operates as a case-specific levy, linked to the actual transfer of assets to heirs, legal inheritors, legatees, or recipients. Unlike estate tax models in other countries, it centers on assets received by the relevant heir after deducting estate obligations.
German inheritance tax is imposed on any transfer of property at death, including the following:
An inheritance, legacy, and/or a forced share;
Gift mortis causa;
The death benefit of a life insurance, annuity, or other contractual death benefit;
Transfer on death to a foundation or foreign pool of assets; and
Any compensation for a disclaimer of inheritance.
Regarding the potential international implications, it's important to note that inheritance tax paid in Germany may be tax-deductible or serve as a credit in the heir's country of residence, especially if a double taxation treaty exists between Germany and the country of residence. Germany has tax treaties with the United States, Greece, France, Sweden, Denmark, and Switzerland, which may override German domestic law under certain circumstances.
Tax Obligations
For foreign heirs in Germany, the tax liability differs between unlimited and limited inheritance tax obligations. In cases of unlimited inheritance tax obligation, the tax is subject to the total existing assets, both in and out of the country. In cases of limited inheritance tax obligation, only the assets verified within the country are taxed. Unlimited obligation arises when either the recipient or the deceased was a resident in Germany at the time of the death or gifting. Limited obligation applies when the inheritance involves assets within Germany, even if the recipient and the deceased reside in another country.
Tax Exemptions
There are several items that are exempt from the inheritance tax. These include:
Household goods and personal effects up to €41,000
Works of art, cultural assets, or items of scientific interest
Land ownership or part thereof
German-based pension plans
Gifts to churches or charities
Self-residential premises, under certain conditions
The following business assets are also eligible for tax relief:
Domestic agricultural and forestry assets and assets located in the EU or the EEA.
Domestic business assets or business assets serving a permanent establishment in an EU or EEA member state
Participations in domestic partnerships or in partnerships with permanent establishments in EU or EEA Member States
Shares in corporations with their registered office or management in Germany, a Member State of the EU or the EEA and a minimum shareholding of more than 25%.
However, it is worth noting that administrative assets are excluded from tax relief. Of the assets eligible for preferential tax treatment, 85% are tax-exempt.
Tax Brackets & Tax Rates
Recipients are categorized into one of three tax classes based on their relationship to the deceased, affecting tax rates. Exempt amounts vary depending on the relationship and circumstances, including whether the recipient has unlimited tax liability. Since January 1, 2010, these rates have been applicable to inheritance and gifting tax in Germany.
The current tax classes, their tax-free allowances, and their tax rates are as follows:
Tax Class I
Spouse, partner (€500,000)
Children and stepchildren (€400,000)
Descendants of these children and stepchildren (€200,000)
Parents and ancestors in case of receipt due to death (€100,000)
Inheritance tax rate: between 7% and 30%, depending on the value of the assetTax Class II
Siblings, descendants of siblings to the first degree (€20,000)
Sons and daughters-in-law, step-parents and parents-in-law (€20,000)
Divorced spouses and also partners from a terminated partnership (€20,000)
Inheritance tax rate: between 15% and 43%, depending on the value of the assetsTax Class III
All other persons, including legal entities (€20,000)
Inheritance tax rate: 30% or 50%, depending on the value of the assets
Additionally, in case of inheritance, the surviving spouse or partner and the children are assigned a special exempt amount for their support. The exempt amounts are:
Spouse/partner: €256,000
Children aged 0–5: €52,000
Children aged 5–10: €41,000
Children aged 10–15: €30,700
Children aged 15–20: €20,500
Children aged 21–27: €10,300
There’s no difference between inheriting from a biological parent, a step-parent, or an adoptive parent. There is also a special exception for orphaned children who later inherit from a grandparent. In this case, their tax-free allowance for inheritance from their grandparents is €400,000 instead of €200,000.
Navigating German Inheritance Tax
There’s already a lot to think about when you lose a loved one, which makes dealing with practical and financial matters much more of a challenge. The situation becomes even more complicated for beneficiaries whose loved ones live in another country, as they must navigate unfamiliar laws. As such, it is important to understand the regulations and exemptions of a country’s inheritance laws. By doing the research, beneficiaries can make informed decisions and manage their inheritance efficiently.]]>On Behalf of Urban Thier & Federer, P.A.https://www.urbanthier.com/?p=541312024-02-02T16:23:04Z2024-02-02T14:45:26ZHague Convention, an international treaty designed to address the issue of child abduction across international borders. The Hague Convention provides a speedy legal process in which the court limits its scope of work to a determination of whether the child should be returned to the home country (habitual residence) or can remain in the U.S.
Once that determination is made, any of the usual custody, visitation, and other family law matters will be addressed in the courts of the child’s home country rather than the U.S. The Hague Convention assures that only a court of proper jurisdiction may address custodial matters affecting a child and can prevent a taking parent’s efforts to “forum shop” for a more favorable court to obtain custodial orders in conflict with those of the home country.
Given the limited scope of a Hague Convention proceeding, the court in which it is initiated can move it along quickly to a final trial. In line with the Hague Convention mandates, a Hague Convention case can go from petition filing to final hearing/trial before the Court in as little as six weeks.
Protecting Your Family Under The Hague Convention
There are only a few defenses to a Hague Convention petition for a child's return. Those defenses are:
The left-behind parent was not actually exercising his or her parental rights at the time of removal
The left-behind parent consented to or acquiesced in the removal or retention of the child
More than one year has passed since removal or retention of the child and the child has become well-settled in his or her environment
The child is of sufficient maturity to knowingly object to return
There is a grave risk of harm to the child should the court mandate immediate return to the habitual residence
Return of the child would subject the child to violation of basic human rights and fundamental freedoms
These defenses involve a complex and constantly evolving area of the law, often requiring research into the laws of foreign jurisdictions, as well as U.S. federal and state laws.
Turn To A Firm Experienced In Navigating Hague Convention Matters
The Hague Convention legal team at [nap_names id="FIRM-NAME-1"] is not only experienced, but also a true leader in this area of the law. Senior attorney Patricia M. Lee offers more than 30 years of experience in this area of the law. She has been the lead attorney on Hague Convention cases involving children removed from and/or to Germany, Belgium, Austria, Italy, the United Kingdom, the Czech Republic, Spain, Mexico, Brazil, Peru, Argentina, the United States of America, and other countries.
One example of this experience and leadership is the case of R.G. versus H.G. filed in the United States District Court for the Middle District of Florida in which attorneys Patricia M. Lee and John L. Urban represented the mother of two children who had relocated to Florida from Germany and wished to remain there permanently. The father, who lived in Germany, initiated a Hague Convention proceeding for the return of the children to Germany.
The federal United States District Court trial court judge held an extensive evidentiary trial proceeding and ruled that the U.S. was now the children’s habitual residence. The father then appealed that decision, and the three appellate court judges assigned to the appeal conducted an expedited process, ultimately issuing a 17-page ruling upholding the trial court’s decision and clarifying aspects of the application of the Hague Convention.
Another example of this experience and leadership is the case of T.S. versus Y.M. in the Eighth Judicial Circuit Court in Florida in which attorney Lee represented the father of two children who had at times lived with their mother in Mexico and also occasionally lived with their father in the U.S. After extensive trial court proceedings, the court ruled the children should stay with the father as the U.S. was currently their habitual residence. The mother then appealed the decision, and the court conducted an expedited appeals process. The three-judge appellate panel issued a unanimous ruling upholding the trial court’s decision.
There Is No Time To Waste – Speak With An Experienced Attorney Today
Whether your child has been removed or withheld from your home country, you have been served with a petition under the Hague Convention or if you otherwise find yourself involved in a case related to the Hague Convention, the experienced attorneys at [nap_names id="FIRM-NAME-1"] can provide assistance. To maximize your chances of success, it is imperative that you take immediate action.
Contact our firm at [nap_phone id="LOCAL-CT-NUMBER-1"] or through our online contact form to schedule a consultation and discuss your case.]]>On Behalf of Urban Thier & Federer, P.A.https://www.urbanthier.com/?p=541302024-02-02T16:23:17Z2024-02-02T14:30:36ZThe Hague Convention emerged as a response to the rising challenges posed by international child abductions, where a parent, or sometimes other persons with physical custody of a child, takes a child from their habitual residence to another country in violation of the other parent's custody rights. Recognizing the need for a standardized and expedited process to handle such cases, the Hague Conference on Private International Law formulated the Hague Convention.
The act primarily addresses cases involving the wrongful removal or retention of a child, where custody rights are breached or violated under the law of the child's habitual residence. The Hague Convention applies to children under the age of 16 and its main objective is the prompt return of children to their country of habitual residence. Importantly, the Convention is not designed to resolve child custody questions. Instead, it focuses on the child's return to facilitate proper resolution in the country where the child habitually resides.
When Does The Hague Convention Apply?
For a case to be considered under the Hague Convention, certain qualifications must be met. Firstly, both the country of the child's habitual residence and the country to which the child was taken (or is being retained) must be signatories to the Convention. As of 2022, there are 103 signatory nations to the Hague Convention treaty. Secondly, the child in question must be under 16 years of age. Finally, the removal or retention of the child must be deemed "wrongful" and in violation of custody rights under the law of the country of habitual residence. “Custody rights” under the Hague Convention are defined as both physical custody and rights of access or visitation.
One of the distinctive features of the Hague Convention is its emphasis on a fast and expeditious procedure. The Hague Convention offers relief through both administrative and judicial avenues, and these options are not mutually exclusive. Seeking administrative assistance involves reaching out to the designated Central Authority in the nation of habitual residence or any other party to the Hague Convention. Sometimes simultaneously, or even prior to filing an application with the Central Authority in the country of habitual residence, a party may initiate judicial proceedings in the nation where the child is located. In the United States, this can occur in either the federal United States District Court or the state court where the child is located. The fast procedure is designed to secure the swift return of the child, as soon as six weeks following initiation of the court procedure in the United States federal or state court where the child is located.
How Can [nap_names id="FIRM-NAME-1"] Help?
If you are served with a Petition under the Hague Convention or otherwise find yourself involved in a case related to the Hague Convention, it is very important that you seek immediate legal counsel. Given the short timeframe from start to finish for a Hague Convention proceeding, it is critical that you immediately prepare your case, including, but not limited to, filing the appropriate court pleadings, lining up your witnesses, collecting and ensuring the admissibility of your supporting evidence, etc. Attorney John L. Urban heads up the law firm’s litigation practice and senior attorney Patricia M. Lee oversees the law firm’s family law and Hague Convention practice area. Ms. Lee brings over 30 years of experience in family law, with a strong focus on Hague Convention child custody disputes, international aspects of child abduction, and enforcement of foreign court orders
She has extensive experience in Hague Convention matters stemming from numerous countries around the world, including Germany, Belgium, Austria, Italy, the United Kingdom, the Czech Republic, Spain, Mexico, Brazil, Peru, and Argentina, among others. She has been a resource for the training of U.S. Military Judge Advocate General attorneys in Germany. She is listed as a mentor attorney for Hague Convention matters by the U.S. State Department, Office of Children’s Issues, which has invited her to participate in panel discussions on multiple occasions regarding the amendment or establishment of policies and procedures for the processing of Hague Applications through the U.S. Central Authority.
Do Not Wait – Contact An Experienced Attorney Today
Whether your child has been removed or withheld from your home country, you have been served with a petition under the Hague Convention or otherwise find yourself involved in a case related to the Hague Convention, we can help. To maximize your chances of success, it is imperative that you take immediate action. The first step is to contact our office at [nap_phone id="LOCAL-CT-NUMBER-1"] or use our online contact form. Our team will promptly respond to your inquiry and set up an initial consultation to discuss your case, determine whether we can be of assistance and establish the next steps to protect your and your child’s interests.]]>On Behalf of Urban Thier & Federer, P.A.https://www.urbanthier.com/?p=541222024-01-22T09:37:58Z2024-01-17T15:40:15ZOn Behalf of Urban Thier & Federer, P.A.https://www.urbanthier.com/?p=541072024-01-22T09:38:03Z2023-12-20T14:00:47Z1. Free Trade Zones: A Haven for Tax Incentives
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2. Offshore Company Formation: Minimizing Tax Liabilities
Opting for an offshore company setup in Dubai, commonly in jurisdictions like Ras Al Khaimah (RAK) or Ajman, provides distinct tax advantages. Offshore companies are generally exempt from corporate and personal income taxes, making them an appealing choice for investors looking to minimize their tax liabilities. Additionally, there are no restrictions on repatriating profits or capital, providing flexibility and ease of doing business for foreign investors.
3. Mainland Dubai: Balanced Opportunities with Tax Considerations
While establishing a company in mainland Dubai requires navigating certain tax implications, it comes with its own set of advantages. Companies in the mainland are subject to a 5% corporate tax on profits, which, though present, is significantly lower than tax rates in many other jurisdictions. Moreover, businesses operating in sectors strategically important to the UAE's development may benefit from exemptions. It's crucial for foreign investors to weigh the tax implications against the benefits of accessing the local market and engaging in government contracts.
How [nap_names id="FIRM-NAME-1"] Can Assist: Navigating the Legal Landscape
For foreign investors navigating the intricacies of Dubai's tax landscape, international law firms like [nap_names id="FIRM-NAME-1"] play a pivotal role. With offices in the U.S., EU, and Dubai, UTF offers specialized expertise in company formation, ensuring clients make informed decisions aligned with their business objectives. Whether it's optimizing tax incentives in free trade zones, exploring offshore advantages, or understanding the tax implications in mainland Dubai, the legal guidance provided by UTF helps investors make strategic choices.
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Tax Considerations: Favorable Incentives
One of the key attractions for foreign investors in the Dominican Republic is the favorable tax regime. The government has implemented measures to encourage foreign direct investment, including tax incentives for commercial real estate projects. Investors can benefit from exemptions or reduced rates on property taxes and capital gains taxes, providing a competitive edge in terms of overall returns on investment. These tax advantages contribute to the country's appeal as a tax-efficient destination for foreign commercial real estate ventures.
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The Dominican Republic boasts political stability and a proactive approach to fostering a secure business environment. The legal framework supports foreign investments, offering clear property rights and streamlined processes for property acquisition. Additionally, the government's commitment to strengthening regulatory frameworks enhances investor confidence. The country's well-established legal system and a proactive stance in promoting foreign investments contribute to its reputation as a safe and attractive destination for commercial real estate ventures.
Challenges and Mitigations: Informed Decision-Making
While the Dominican Republic presents a myriad of opportunities, investors must be cognizant of challenges such as potential fluctuations in currency exchange rates and market dynamics. Working with local experts and legal advisors familiar with the nuances of the real estate landscape can mitigate these risks and ensure that investors make informed decisions aligned with their goals.
Seizing the Caribbean Opportunity
The Dominican Republic stands as a beacon for foreign investors seeking growth, favorable tax incentives, and a secure investment environment in commercial real estate. With a thriving economy, government support for foreign investments, and a commitment to stability, the country offers a compelling blend of opportunities and safety. As global investors look to diversify their portfolios, the Dominican Republic emerges as a strategic destination for those seeking to unlock the potential of the Caribbean real estate market. The international law firm [nap_names id="FIRM-NAME-1"] with offices in Santo Domingo as well as in the United States and Europe can assist international clients with such investments, from the structuring the investment to negotiating contracts, tax consequences and assistance with permitting and construction issues.]]>On Behalf of Urban Thier & Federer, P.A.https://www.urbanthier.com/?p=541102024-01-22T09:40:39Z2023-12-06T16:32:04ZOn Behalf of Urban Thier & Federer, P.A.https://www.urbanthier.com/?p=541062024-01-22T09:38:07Z2023-11-30T21:17:59ZLegal Due Diligence
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At [nap_names id="FIRM-NAME-1"], our international attorneys stationed in Europe and South America play a pivotal role in fostering clear communication with foreign business clients and buyers. Fluent in the language of the buyer, they ensure a seamless exchange of information and understanding throughout the acquisition process.
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With a history spanning two decades, [nap_names id="FIRM-NAME-1"] has been a key player in facilitating successful acquisitions for numerous foreign corporate buyers and sellers venturing into -or out of- the U.S. market. Our expertise extends beyond legal matters, encompassing the cultural nuances and international business dynamics that define each transaction.
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Inheritance laws in Germany differ significantly from those in the United States, introducing a layer of complexity when Americans inherit assets across the Atlantic. UTF's team of seasoned attorneys adeptly navigates this legal terrain, ensuring a seamless transition for their U.S. clients.
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With a legacy dating back to 20 years, [nap_names id="FIRM-NAME-1"] boasts extensive experience in guiding U.S. clients through the intricate German probate procedure. The firm's German attorneys bring profound local insight, complemented by a deep understanding of the U.S. legal system, creating a unique advantage for clients facing the complexities of cross-border inheritance.
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[nap_names id="FIRM-NAME-1"] goes beyond probate proceedings, extending its services to assist U.S. clients in the sale of inherited assets, particularly real estate in Germany. The firm's commitment to securing the best price for these assets is matched only by its meticulous attention to related tax issues in both Germany and the United States.
Mitigating Cross-Border Tax Implications
One of the key challenges in cross-border inheritance lies in managing tax implications. UTF's expert team ensures that clients are well-informed and well-prepared, addressing tax considerations in both Germany and the U.S. This comprehensive approach minimizes potential financial hurdles and streamlines the entire process.
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[nap_names id="FIRM-NAME-1"] understands that each inheritance case is unique. Therefore, the firm prioritizes a client-centric approach, providing tailored solutions that align with the specific circumstances surrounding each client's inheritance. This commitment to personalized service has been a cornerstone of UTF's success over the years.For two decades, the firm has been a trusted ally for U.S. clients navigating the complexities of German probate, ensuring a smooth and informed process, from initial inheritance to the sale of assets.]]>On Behalf of Urban Thier & Federer, P.A.https://www.urbanthier.com/?p=540312024-01-22T09:36:14Z2023-10-31T20:45:33ZAbundant Potential in Solar and Wind Power
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Secure Legal Environment
One of the pivotal factors for investors is a secure legal framework. Spain offers a stable and reliable legal environment that supports foreign investments, reducing uncertainties and risks. Additionally, the country's commitment to renewable energy and its established regulatory framework ensure a conducive atmosphere for investors.
[nap_names id="FIRM-NAME-1"] Specializes in Investments in Renewable Energy Ventures
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