Abstract

The 2016 German Inheritance Tax reform brought some modifications to the highly debated new and existing tax exemptions both favouring the transferees of business property. The analysis shows that the unintended consequences of this policy such as unequal treatment of transferees, administrative problems and economic inefficiencies persist. Furthermore, the analysis shows that there is no reasonable economic justification for the existing and highly discriminatory exemptions, which predominantly serve the politically-influential owners of midsize enterprises. Once again, an appeal at the constitutional court may be required and would likely be successful considering the grave shortcomings of the current legislation.

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