Last updated: 7 Nov 2025
Germany–US Inheritance Tax: Frequently Asked Questions
Your quick answers to Germany–US cross-border inheritance and estate tax. For deep dives, see the Germany–US hub.
FAQ
Who taxes “worldwide” and who taxes only local assets?
La Germania tassa il acquisition by each beneficiary. If either decedent or beneficiary is German-resident, Germany usually taxes in tutto il mondo assets; otherwise only Tedesco-sito assets. The US federal imposta sulle successioni applies based on the decedent, with US-situs and citizen/green-card rules; states may add estate or inheritance taxes. See Treaty overview.
How does §21 ErbStG foreign-tax credit work?
Germany can credit foreign death duties paid on the same foreign asset slice included in the German assessment. The credit is limited to the German tax attributable to that slice. You’ll need foreign assessments and prova di pagamento, più un situs & allocation memo. Start with our Coordination & §21 e il checklists.
What allowances and rates apply in Germany?
- Spouse/partner: €500,000 allowance (+ potential pension allowance).
- Children: €400,000; grandchildren typically €200,000; parents on death €100,000; others €20,000.
- Rates by tax class (I/II/III) with brackets up to 30%/43%/50% respectively.
Is the German family-home exemption available in cross-border cases?
Often yes, if the spouse/partner (or a child up to 200 m²) acquires and self-occupies the home for ~10 years. Early sale or no self-use risks clawback. See Real estate & business.
How do German business reliefs (§§13a/13b ErbStG) interact with US taxes?
Relief of 85% or 100% may apply to qualifying business assets/shareholdings. Germany’s taxable base drops; US valuation remains FMV. Maintain wage-sum e asset-mix tests to avoid clawback. Coordinate appraisals and relief exhibits. Details: Real estate & business.
Do US state estate or inheritance taxes affect the German credit?
Yes—state death taxes can be part of the foreign tax paid on the same slice and may be creditable within the §21 ceiling. Keep separate assessments e payment proofs. See US state taxes.
We use a US trust—how does Germany treat it?
Germany analyzes substance over form: who controls the assets and when do beneficiaries acquire enforceable rights? Revocable grantor trusts may be viewed as transparent; discretionary trusts require a vesting analysis. Consider a foundation (Stiftung) where predictability is needed. More: Trusts & foundations - Foundation structuring.
What documents do banks and registries require?
- Authority pack: Letters Testamentary/Administration or Erbschein/EU Certificate; apostilles; translations.
- KYC: Executor IDs, FATCA/CRS forms, estate account confirmations.
- Valuation & allocation: FMV appraisals, BewG worksheets, §21 allocation schedules.
How do I avoid double taxation in the first place?
Plan early: align domicilio, gestire situs, use regali per tutta la vita, structure with predictable vehicles (e.g., foundations), and draft coordinated wills. Run what-ifs for treaty and §21 outcomes. See Pianificazione.
When are returns due and what about interest?
Deadlines vary; interest exposure can arise if foreign tax is paid late relative to the German assessment. Sequence payments and submit a complete §21 pack early to minimize interest. Our executor guide covers practical timelines.
Can you model my case with real numbers?
Yes—start with our German calculator, then we build §21 per-country credit worksheets and a FMV ↔ BewG reconciliation memo. See examples & calculations.
Who should act as executor in a Germany–US estate?
Pick someone with cross-border experience or appoint a professional executor to coordinate filings, appraisals, and §21 credits. Learn more in Executor & administration or engage our partner for international executor services.
Avete bisogno di aiuto pratico?
We align valuations, filings, and credits in both countries and deliver an audit-ready dossier.
Considering a foundation? Foundation structuring - Foundation management
