Gift Tax for Self-Employed in Germany 2026: Allowances, Rates & Reporting
When do you owe German gift tax, and when not? Allowances, 2026 rates, and the special rules for business assets and GmbH shares.
- Category
- Taxes
- Updated
- Author
- Diana
If someone gifts you cash, real estate or GmbH shares, the Finanzamt may take a share. For self-employed people and founders, gift tax (Schenkungssteuer) gets interesting the moment business assets change hands: succession in your own company, a transfer of UG or GmbH shares, or a so-called "mixed" sale to family below market value. This guide walks through the 2026 allowances and rates, the business-asset relief that can wipe out tax, and the three-month reporting deadline you must never miss.
Key takeaways
- 2026 allowances are unchanged: €500,000 for spouses, €400,000 per child and parent, €20,000 for more distant relatives and third parties; each resets every 10 years (§ 16 ErbStG).
- Rates: 7% to 30% in tax class I, up to 43% in class II, 30% or 50% in class III, applied to the value above the allowance.
- Business assets can pass 85% (standard relief) or 100% (option relief) tax-free, if you meet the holding period and payroll rules (§§ 13a/13b ErbStG).
- Reporting duty: every gift must be reported to the Finanzamt within 3 months, even if no tax is due (§ 30 ErbStG).
- The precondition for any relief: a defensible business valuation, meaning a current EÜR or balance sheet.
What counts as a gift in 2026?
Under the German Inheritance and Gift Tax Act (ErbStG), a gift is any voluntary transfer between living persons that enriches the recipient at the giver's expense. Typical examples:
- Cash or bank transfers
- Real estate and land
- Shares in a GmbH, UG or partnership
- Valuables: cars, jewellery, art
- Waivers of debt or assumption of someone else's liabilities
- Mixed gifts: e.g. selling a business clearly below market price
Tax-free: customary occasional gifts (birthday, wedding), maintenance, support for education and the family home transferred between spouses (§ 13 ErbStG).
2026 allowances by relationship
Every recipient has a personal tax-free allowance (Freibetrag) that resets every ten years (§ 16 ErbStG). These amounts have been unchanged since 2009 and still apply in 2026.
| Recipient | Tax class | Allowance |
|---|---|---|
| Spouse / registered civil partner | I | €500,000 |
| Children, stepchildren, adopted children | I | €400,000 per parent |
| Grandchildren (parent still alive) | I | €200,000 |
| Grandchildren (mediating parent deceased) | I | €400,000 |
| Parents and grandparents (for gifts) | II | €20,000 |
| Siblings, nieces, nephews, parents-in-law | II | €20,000 |
| Divorced spouses | II | €20,000 |
| Unmarried partners, friends, business contacts | III | €20,000 |
The 10-year rule: Multiple gifts within the same ten-year window to the same recipient are added together. Stagger transfers across ten-year cycles to use the allowance more than once.
2026 tax rates: the three tax classes
Above the allowance, the progressive tariff in § 19 ErbStG applies to the taxable amount (gift value minus allowance):
| Taxable amount up to | Class I | Class II | Class III |
|---|---|---|---|
| €75,000 | 7% | 15% | 30% |
| €300,000 | 11% | 20% | 30% |
| €600,000 | 15% | 25% | 30% |
| €6,000,000 | 19% | 30% | 30% |
| €13,000,000 | 23% | 35% | 50% |
| €26,000,000 | 27% | 40% | 50% |
| over €26,000,000 | 30% | 43% | 50% |
The rate applies to the entire taxable amount, not in brackets like income tax. A "hardship adjustment" (§ 19(3) ErbStG) stops a value just over a threshold from becoming disproportionately expensive.
Worked example: €500,000 to a child
You gift your child €500,000 in cash. Subtract the €400,000 allowance and €100,000 remains taxable. In tax class I the 11% rate applies: that's €11,000 in gift tax. Split the same sum into two gifts of €250,000 more than ten years apart and each stays under the allowance, and the tax drops to €0.
Gifting business assets: §§ 13a/13b ErbStG relief
This is where things get interesting for founders and managing directors. If you gift a sole proprietorship, partnership interests or shares in a corporation (over 25%), you can choose one of two reliefs:
| Criterion | Standard relief | Option relief |
|---|---|---|
| Tax exemption | 85% | 100% |
| Holding period | 5 years | 7 years |
| Minimum payroll (> 15 employees) | 400% | 700% |
| Administrative assets max. | 90% | 20% |
| Application required | no (default) | yes (irrevocable) |
With standard relief, 85% of the qualifying assets stay tax-free; on the remaining 15% you additionally get a sliding deduction of up to €150,000 (§ 13a(2) ErbStG), which tapers off for larger transfers. For qualifying assets above €26m, a needs-based test or a tapered model replaces standard relief.
None of this works without a clean valuation of the business, meaning a proper balance sheet or EÜR is the price of entry for any relief claim.
Reporting duty: the 3-month deadline
Under § 30 ErbStG, every gift must be reported in writing to the responsible Finanzamt within three months, even if no tax is ultimately due. The notice includes:
- Names, addresses and tax IDs of giver and recipient
- Relationship between the two parties
- Date, type and market value of the gift
- Any prior gifts within the last ten years
Notarised gifts (real estate, GmbH share transfers) are reported by the notary. Otherwise, you do it yourself, and the Finanzamt usually finds out anyway, through banks or the land registry. Note for chain gifts: each individual step is its own gift with its own reporting duty.
Common mistakes by self-employed and managing directors
- Mixing private and business: Personal gifts are not business expenses and don't belong in your EÜR. Money to family is booked as an owner's draw.
- Hidden distribution (verdeckte Gewinnausschüttung): If a GmbH transfers value to shareholders or their relatives below fair price, it can trigger both corporate income tax and gift tax.
- Skipping the 10-year planning: Transferring €800,000 to a child in one go costs much more than two €400,000 gifts spaced ten years apart.
- Breaking the holding period: Selling or liquidating the gifted business within the 5- or 7-year window claws back the relief on a pro-rata basis.
Planning gifts the smart way
- Stagger gifts: use the full allowance every ten years.
- Use chain gifts (e.g. father → mother → child). Tax offices look closely, but if each step is clean and there's no obligation to pass on, they hold up.
- Plan business succession early, before the next big jump in your company's value.
- Keep your bookkeeping current: only a fresh year-end or solid EÜR will support a defensible business valuation.
Frequently asked questions
How often can I use the allowance? The full personal allowance resets every ten years. Gifting early and in stages lets you transfer substantial wealth tax-free over the years.
Do I have to report a gift if no tax is due? Yes. The reporting duty under § 30 ErbStG applies regardless of the tax amount. Report it in writing to the Finanzamt within three months; the office then decides whether any tax is due.
Is a chain gift legal? Yes, as long as each recipient can freely dispose of the assets and there's no obligation to pass them on. If the Finanzamt sees a pure pass-through, it can attribute the gift directly to the ultimate recipient.
Do I owe gift tax if I hand my business to my child? Often not: the §§ 13a/13b reliefs keep 85% or 100% of the qualifying business assets tax-free, provided the holding period and payroll floor are met and the business value is properly documented.
How are GmbH shares valued for a gift? The relevant figure is the fair market value (gemeiner Wert), usually derived via the simplified capitalised-earnings method. It draws on the last few years' results, another reason to keep your books current.
How Norman helps
Gift tax isn't a recurring task, but it depends on numbers you can stand behind. With Norman's AI bookkeeping, your year-end or EÜR is always up to date, which is the basis for any business valuation. For GmbH founders, Norman also handles corporate, trade and VAT filings. You report the gift itself in writing to the Finanzamt; with Norman's data, that takes minutes instead of days.
Related articles
- Client and Employee Gifts in a GmbH 2026: the €50 deductibility cap for business gifts.
- Owner's Draw for Self-Employed in Germany 2026: how to take money from your business for private use.
- GmbH Tax Optimization 2026: legal strategies that also matter for succession planning.
- Taxes for Freelancers in Germany 2026: the complete guide to the German tax system for freelancers.
Bottom line
Nothing changes for 2026: allowances and rates stay put. Frequent givers plan in ten-year cycles. Founders transferring a company test the 85% or 100% relief under §§ 13a/13b, and make sure the valuation holds. And no matter the amount, the three-month reporting duty is mandatory. Clean books turn the duty into a formality instead of a fire drill.
Prove your business value with clean books
Every §§ 13a/13b relief and every business valuation stands or falls on your numbers. Norman keeps your EÜR and year-end statement current automatically, the basis for defending your company's market value to the Finanzamt.