Logo Bayernportal

Gift tax assessment; receipt

If you receive a gift, it is subject to gift tax.

Online services & Forms

Online services

Responsible for you

Finanzamt Eggenfelden

Finanzamt Eggenfelden

Street address

Pfarrkirchener Str. 71
84307 Eggenfelden

Postal address

Postfach 1160

84301 Eggenfelden

Procedure details

The gratuitous transfer of assets between living persons (gift) is generally subject to gift tax. The acquisition of the donee is taxed.

A gift is deemed to exist, among other things, in the case of
  • every free gift,
  • the enrichment of a spouse when the marital property regime of community of property is agreed,
  • compensation for a waiver of inheritance or
  • a transfer of assets by the previous heir to the subsequent heir with regard to the arranged subsequent inheritance prior to its occurrence.

In the case of gift tax, allowances are granted depending on the relationship between the donee and the donor. The tax rates depend on the relationship and the amount of the gift.

The Bavarian state government has filed an appeal with the Federal Constitutional Court against parts of the gift tax law.

As a rule, the tax arises at the time the benefit is paid.

Gift tax is assessed by means of a tax assessment notice. The tax assessment is usually preceded by a request from the tax office to submit a gift tax return. The ELSTER (ELelektronische STeuerERerklärung) procedure enables tax returns to be submitted electronically to the tax office.

none

Objection

Status: 06.05.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Finanzen und für Heimat
Contains machine translated content. Show the original content