Posts tagged #gift
All PostsCompulsory Shares: Returned Gifts not Deductible
Civil LawPursuant to Section 782 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB), beneficiaries entitled to a compulsory inheritance portion are, as a rule, regarded as though the gifted property remained within the ...
Austrian OGH Ruling on Adding and Deducting Gifts
Civil LawIn order to facilitate the provision of evidence, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruled in favour of compulsory heirs. In the case at hand, in 1997, the decedent, who eventually died in 2020, and his wife transferre...
OGH: Limitation Periods for Revocation of Prenup-Like Gifting
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the right to revoke a gift made with a view to a future marriage (prenup-like gifting) after divorce is time-barred after 30 years. The dispute in the case at hand conc...
OGH on the Formality of Gift Agreements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has given a ruling on the formal validity of so-called ‘mixed gift’ agreements. According to Section 943 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter A...
OGH on ‘Wealth Sacrifice Theory’ and Estate Gifts
Civil LawPursuant to Section 782(1) of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB), gifts made by a deceased person to individuals who are not entitled to a compulsory inheritance portion in the last two years prior...
GER: Binding Gift-Tax Valuation
Public LawIf the value of a property is determined separately, it is binding for all subsequent gift tax assessments. According to the Federal Fiscal Court (Bundesfinanzhof, hereinafter BFH), if the donee considers the assessment to be too high, they must appe...
OGH: Valuation of Gifts in Austrian Inheritance Law
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified: In the valuation of a gift pursuant to Section 788 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB), any investments in the gifted asset previously made by th...
OGH: Partial Gifts and Settlements
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with a property transfer between a landlord and the tenant of the building on the landlords’s property. The first plaintiff is the owner of a parcel of land...
OGH on asset sacrifice and usufructuary rights (ErbRÄG 2015)
The Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question whether a right of usufruct reserved in the course of a gift prevents the provision of a property sacrifice even under the new legal situation following the Inheritance La...
OGH: Abstract entitlement to the compulsory portion under Sec. 782 f. ABGB is assessed according to the time of gift and death
For the first time, the Austrian Supreme Court (Oberster Gerichtshof, OGH) commented on the question of what point in time is relevant for the assessment of the abstract right to a compulsory portion under Sec. 782 f of the General Civil Code (Allgem...
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