Die Handover of the farm Is a trialto hand over and take over the farm. The responsibility that this entails for all parties involved requires a proper planning. In this article, you'll find out what's in store for you.
When the farm is handed over, the farm or agricultural business changes hands. For example, if you, as managing director, want to hand over the farm to your son or daughter for reasons of age. As transferor Do you designate the person who is to take over the farm as Inheritance or heir. Their siblings are then relentless heirs or heiresses. One External takeover It is also possible if your children do not want to take over the farm.
For handing over the farm, handing over the farm often means the task of life's work, that they want to know that they are in good hands. The acquiring party sees itself in the responsibilityto run an economic business so that it can now secure its existence. The relentless heirs and heiresses often see primarily the asset they lose and instead a severance received.
The financial statements of the accounting year, for example, can be a good time. You should find out about funding claims and align yourself with their application and start of payment and the handover date. For example, the acquirer can benefit from young farmers support. In itself, the handover is not an appointment, but above all a Process that you have enough time for taking should.
Interpersonal relationships are often a problem point. Good planning is also important for this. Because handing over a farm is rarely fair from a financial perspective. As a rule, there is one or one heir. The other children or siblings are alternative heirs and heiresses who must be satisfied with a severance payment. Mothe It is more important to find a consensus. This negotiation can also be difficult for the consultant and is different for every consultation.
Step #1 is therefore the definition of the court transferee. So who is an heir and who are the relentless heirs and heiresses.
According to the Courts regulations Only those who can inherit economically viable is. Die Courts regulations applies in North Rhine-Westphalia and Schleswig-Holstein, among others. It applies to you if you run the farm to secure your livelihood and full-time and if in Land register a court note stands. Spouses may also be incapable of doing business. In addition, only one person can take over the farm. This is intended to ensure the continuation of the company. As a result, severance payments for relentless heirs are also rather low. If you delete the court note, the statutory inheritance law applies and you are freer in inheritance. Strictly speaking, inheritance means that the farm was not handed over during his lifetime and is instead inherited.
If you get married after taking over the court, do you have marriage contract The choice, a community of gains or eine Community of property to register. In the case of the community of property, the agricultural holding is owned equally by both. In the community of gains, the spouse only owns what he or she has contributed to the profit.
In order to securely clarify all legal issues, a guidance unavoidable. Step #2 is therefore consultation. It clarifies who will take over the farm and how much the severance payment should be. As a rule, the relentless heirs sign a Waiver of compulsory shares.
The court regulations provide that only one person inherits the farm. Since these are business assets, the property cannot simply be divided up. Wimpy inheritors have no claim to severance pay, but on a compulsory share. If they waive this, they usually receive severance pay instead. This is intended to relieve the burden on the employee and the company. In order to enforce his law, the heir should therefore seek good professional advice.
Step #3 is the draft transfer agreement. You prepare this with a notary or lawyer as part of the consultation and then present it to your tax advisor. This person also checks the property on the basis of current extracts from the land register and the real estate register. He or she also needs marriage and inheritance contracts as well as documents relating to advances.
When handing over the farm, discharge services or Elderly sharing benefits necessary for the transferors. Since they have the previous assets to livelihood security Transferred to the heir, the retirement benefits must now be sufficient to secure a livelihood. This therefore pays for care and ancillary costs. You should consider how high the requirement will be in old age. The contract also states that right of joint use detained. You should summarize the retirement benefits under land registry law and have them secured as a personal property so that they are sufficient for you as a pension.
It makes sense to record exactly which buildings and rooms the elderly dividers are allowed to share in order to determine the amount of additional costs and the contribution. In addition, in cases of frailty or Care supplies The share for a nursing home is also limited and not described in too much detail because long-term care insurance is relied on when it comes to financing.
The contract also clarifies the compulsory share: The heirs, including disinherited wives and children, are entitled to part of the inheritance — their compulsory share. This varies depending on the number of children. If the relinquishing heirs sign the waiver, the dispute over compulsory share additions can be avoided. In that case, they receive a severance payment. This is rather low. This is to prevent the transferee from having to hand over too much money so that the Court can continue to exist. Emerge anyway Compulsory share claims only when the transferors die 10 years or earlier after the handover.
Because of the dismantling, land cannot be divided up so easily. When a plot of land is cultivated or leased for management, it is automatic Business assets. The division would busting of the company and therefore mean the task. When you the Divide land Want, would you have to get a Founding a GbR and then hand over the farm.
Another option is to split off a small part of the main company. However, 90 percent of this must be retained. However, here are Financial judges disagreewhether the regulation could not also be interpreted more flexibly. Only when giving up can he informally contact the tax office for private assets be changed.
In addition, the contract contains the exact Time of handover and detained those involved. There are additions to this, such as the post-payment clause and the relapse clause, which Reclamation claims describe. If the children do not want to take over the farm, you can also hand it over to others. This is often taught. But you should also plan these early enough.
Die Subsequent payment clause means that deviating heirs will participate in the sale proceeds to a certain extent. Fallback clauses determine that they can get the farm if the heir dies childless and their parents also no longer live as transferors. Because that's when the transferor or the transferee's siblings take over again. The evasive heirs with the severance payment may want to be involved because they feel they are at a disadvantage.
If the transfer is to take place, but the operation should actually continue as before, you can also use a Parent-child-GBR establish. Alternatively, you can also transfer the business to the heir or heiress beforehand lease.
It is best to discuss the draft transfer agreement with the family and the heirs or with those involved in the transfer of the farm. Step #4 is to involve stakeholders.
Once the contract is ready, the transfer must be approved by a court. Step #5 is approval from the Agricultural Court. The agricultural court, for example, checks the economic capacity of the transferee. The Northwest German court regulations, for example, require transferees to have a degree in a corresponding profession. If the person appointed to take over is unable to present this, the application is rejected and the farm must be taken over by another relative with the appropriate qualifications. You can avoid this by using the Delete court note in land register leaves.
The transfer is then carried out by entering the new owner in the land register. This is done via an informal application to the Agricultural Court. The Court's note has purely consequences under inheritance law. Step #6 is therefore the transfer through the change in the land register.
After the handover, you inform the Berufsgenossenschaft, the health insurance And the banks. The transferee also receives a new tax number from the tax administration. The Agricultural Office checks the transcription and payment claims of the farm premium. You also inform farmers federations and organizations about handing over the farm, if you've joined them. You also rewrite the smugglers and insurance companies. The business partners and suppliers Of course, they must also be informed. Step #7 is to inform business partners, cooperatives and offices about the handover of the farm.
When handing over the farm, in particular legal aspects Note that in a guidance should be clarified. All parties involved should participate in the handover of the farm and the preparation. Negotiations are often not fair, which is why good interpersonal contact is very important and a consensus should be found. You should start preparing at least one year before the handover. The sooner the better. If no child wants to take over the farm, it is also possible to hand it over to others. You should also do this Plan early.
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