GUHRSteuerberatung

Sparringspartner für Unternehmer.

Service · Real estate

Property. Income. Inheritance. On one timeline.

From the third property onwards, private ownership rarely beats a GmbH on tax. With the extended trade-tax reduction, share-deal structures and usufruct, you maximise cash-on-cash and reduce inheritance tax to a manageable figure.

  • Extended reduction held clean
  • Share deal under the 90% threshold
  • Usufruct paired with succession
~30 ppless ongoing tax on rental profit while it stays in the GmbH
8Structures in this area

Structuring catalogue

What we actually build for you.

Every card represents a real structure we implement for comparable mandates. Green is the upside, red is the pitfall – so you see where the lever sits and what we need to safeguard.

P08Highly complex

Property GmbH vs. private ownership

For whom: Directors with 3+ properties

Upside

Save €10–80k/year via the GmbH wrapper

Pitfalls
  • No speculation period inside a GmbH
  • Real-estate transfer tax on contribution
  • 10-year lock-up
P27Highly complex

Extended trade-tax reduction (§9 No. 1 sentence 2)

For whom: Pure-administration property GmbHs

Upside

Trade tax to zero – ~€44k/year saved at €300k profit

Pitfalls
  • ANY commercial side activity destroys the reduction
  • PV > 30 kWp is harmful
  • Operating fixtures count
P18Demanding

Usufruct structuring

For whom: Directors with property + succession plans

Upside

Slash the gift value, keep the rent

Pitfalls
  • Depreciation moves to the new owner
  • Usufruct in favour of children is complex
  • Maintenance must be contractually regulated
P35Demanding

Heritage-property depreciation (§7i/7h)

For whom: Director-investors, privately (rented out)

Upside

Write off 100% of the renovation cost over 12 years – then sell tax-free after 10 years without repaying the depreciation

Pitfalls
  • Sign-off from the heritage authority before construction starts – otherwise €0
  • Only the renovation share qualifies, not the purchase price of the old fabric
  • Owner-occupation caps it at 90% (§10f) – full effect only when rented out
P57Highly complex

§6b reserve on property sales

For whom: GmbHs selling property

Upside

Reinvest hidden reserves tax-neutrally

Pitfalls
  • 4-year reinvestment window
  • Business assets only
  • ≥ 6-year holding period for land
P120Highly complex

Share deal: real-estate transfer tax to zero

For whom: Directors acquiring large objects (from ~€3m) via a share purchase

Upside

Transfer tax disappears entirely – on a €3m object, €105–195k depending on the federal state

Pitfalls
  • Since 2021 (§1 (2b) GrEStG): the seller must keep ≥ 10.1% – for 10 years
  • No depreciation step-up: old book values carry on; price in the deferred taxes
  • You buy the GmbH's entire history → due diligence is mandatory
P16Demanding

Spousal swing on property

For whom: Directors with a spouse

Upside

Depreciation jumps to today's market value – tax-free, no transfer tax

Pitfalls
  • The 10-year period of §23 EStG must have expired
  • The purchase price must actually flow (arm's-length)
  • The speculation period restarts for the spouse
P133Demanding

Heritage property from a developer

For whom: Director-investors privately, without their own building project

Upside

Write off 100% of the renovation share – the bigger the object, the bigger the lever

Pitfalls
  • Only renovation AFTER the purchase contract counts
  • The tax benefit is often priced into the purchase price
  • Certificate only issued after completion – plan for lead time
Which of these fits your situation?In a 30-minute strategy call we map your situation onto the catalogue and name the two or three structures with the biggest effect for you.