Taxes – heirs may move in later – economy

The “immediate” move of the children into an inherited family home, which is required for an exemption from inheritance tax, can exceptionally only take place a year and a half later. The usual period of six months for moving in can be exceeded if, for example, clearance and renovation work takes much longer due to a shortage of craftsmen, as the Federal Fiscal Court (BFH) in Munich decided in a judgment published on Thursday (Ref.: II R 6/21). According to the legal provisions, an inheritance tax exemption for an inherited house is possible if the inheriting children move into the family home “immediately”. The tax advantage only applies to living areas of up to 200 square meters. In the case at hand, the plaintiff, who comes from North Rhine-Westphalia, inherited a family house from her mother. Due to clearing and renovation work, however, she only moved in there after a year and a half. She claimed that there was a shortage of workers for the delay.

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