Home page Gift: A special form of donation in a will
With a gift, you can settle your estate and at the same time experience how it can do something good. In this article, you will find out how a gift works, what you need to consider (legally) and which deadlines and regulations apply.
The lifetime gift is not a classic estate donation
By making a gift, you can donate part of your estate during your lifetime
To prevent inheritance tax avoidance, the 10-year deadline for gifts applies in Germany
In legal terms, a gift only exists if there is no consideration in return
You can give away almost anything that belongs to you, such as your car, an apartment, securities or a coin collection
Gifts to charitable organizations are exempt from gift tax
An endowment is a special form of donation and can only be made to foundations
Imagine if you could see your wish to protect the last wilderness areas on our planet become a reality today. What would it be like to not only know that your legacy will make a difference, but to actively witness it? That's exactly what a lifetime gift to Wilderness International allows you to do.
A gift is a decision made during one's lifetime and in this sense is not a traditional donation to an estate that only occurs after death. In addition to the opportunity to share in one's inheritance during one's lifetime, the ten-year period of the Inheritance and Gift Tax Act is another reason why many people resort to making a gift to settle their own estate.
The ten-year period is intended to prevent inheritance tax avoidance. Otherwise, it would be possible to simply give away your own estate without paying inheritance tax.
Gifts made more than 10 years before the deceased's death are not taken into account when calculating inheritance tax. The tax-free amounts can then be fully utilized (again) in the inheritance.
Gifts made within 10 years prior to death are added to the estate on a pro rata basis in accordance with the meltdown model: For each year that has passed since the gift was made, 10% of the value of the gift is deducted from the addition.
If death occurs after 5 years, for example, 50% of the value of the gift is added to the estate.
It is only a gift if there is no consideration. Tax relief or tax exemption under gift tax law is only conceivable if there is no consideration.
It is therefore advisable to draw up a gift agreement that stipulates that the gift is free of charge. This ensures legal certainty and tax clarity.
Ultimately, everything that belongs to you can be given away:
Important: Notarization is required for many properties.
Gifts to charitable organizations are exempt from gift tax.
As the donor, you can claim your gift as special expenses for tax purposes. You also "relieve" your heirs by reducing your estate with a gift, which can have a positive effect on inheritance tax.
Only for foundations: The endowment
An endowment is another way of making a commitment during your lifetime. It is a special form of donation and is only possible if the beneficiary is a foundation such as Wilderness International.
With an endowment, you do not support the specific work of the foundation, but the (foundation's) assets. The advantage: your support has a lasting effect. This is because the foundation's assets serve the central purpose of ensuring permanent and independent funding for the implementation of the foundation's objectives. This means that your donation cannot be misappropriated.