Corporate succession is an interdisciplinary process in which civil-law, commercial and company-law as well as tax factors have to be reconciled, taking account of the situation and ideas of the parties involved.
Failure to regulate corporate succession and related non-budgeted inheritance tax payments, can threaten the continued existence of a company.
For over two decades, we have specialised in the field of inter-generation succession in the form of gratuitous and partially non-gratuitous succession to corporate assets or shares in incorporated firms.
We also offer consulting services concerning the transfer of private assets such as property.
A further focal point of our consulting lies in accompanying company purchases or sales (share deal or asset deal).
We understand corporate succession as an interdisciplinary process that must be initiated and coordinated at an early stage. Transfers of assets among living persons are also structured in tax-optimised manner with consideration for the future succession by inheritance.
Our network partners are experienced lawyers and notaries in this field, and bring will structures/inheritance contracts and shareholders' agreements into line with the transaction.
We support you from an early stage in the complex planning of corporate succession and, together with you, develop an essential basis for ensuring the ability of your company to survive.
Structuring of lifetime transfer processes, optimisation through tax clauses (conditions subsequent and reserve of revocation), foundation models
Making optimum use of personal tax-free allowances under the Inheritance Tax Act, valuation of corporate and private assets taking account of the rulings in the Valuation Law, minimisation of gift tax through usufruct and legacy solutions, avoidance of uncovering of "hidden reserves" (keyword: company splitting), creation of fiscally "privileged" corporate assets through restructuring, preparation of corresponding gift or inheritance-tax returns (Compliance).
Formulation of wills and inheritance contracts with consideration for rights to compulsory portions and contracts between spouses, reconciliation of inheritance-law agreements with rulings in shareholders' agreements, involvement of minors, company purchase and sale (asset deal or share deal), tax due diligence with management buy-outs and buy-ins, consideration of employment-law issues (Section 613a BGB (German Civil Code)).
Dirk Timmer: Certified Public Auditor, Tax Consultant, Specialist Consultant for Corporate Succession (DStV e.V.)