Germany-Ireland Cross Border Inheritance Tax Guide Germany-Ireland Cross Border Inheritance Tax Guide

Germany-Ireland cross border inheritance tax Guide

Germany × Ireland: Cross-Border Inheritance & Gift Tax — No Treaty, §21 ErbStG & Irish CAT Relief

Last updated: 30 Sep 2025

Germany × Ireland: Inheritance & Gift Tax — No Treaty

There is no bilateral inheritance/gift tax treaty between Germany and Ireland. Double-tax mitigation is achieved via Ireland’s CAT unilateral/double-tax relief and Germany’s § 21 ErbStG (credit for foreign death duties on foreign-situs assets). Note that the DE–IE income and capital tax treaty is separate and does not govern inheritance/gift tax.

Ireland confirms it has only two CAT treaties (UK, USA). For Germany, relief is via § 21 ErbStG; the DE–IE income/capital DBA is separate.

At a glance

No DE–IE IHT treaty

  • Relief is via Ireland’s unilateral/double-tax relief and Germany’s § 21 ErbStG credit.
  • Income/capital treaties exist but do not apply to IHT/CAT.

Why this matters

  • Correct situs classification and documentation drive credit capacity.
  • CAT is charged to the beneficiary (aggregation since 5 Dec 1991).

What taxes can bite?

CountryTax & triggerScope highlights
Ireland Capital Acquisitions Tax (CAT) on gifts & inheritances Standard rate 33%; thresholds Group A/B/C; aggregation of prior benefits since 5 Dec 1991.
Germany Erbschaft-/Schenkungsteuer on acquisitions by the heir/donee Worldwide scope if decedent or heir is a German resident (Inländer); otherwise German-situs assets.

Relief in practice: Ireland & § 21 ErbStG

  • Ireland (CAT):
    • Credit for Double Taxation where the same foreign property is taxed abroad and in Ireland.
    • Unilateral Relief for foreign property even without a treaty, subject to conditions, documentation and caps.
  • Germany (§ 21 ErbStG): Credit for foreign death duty on foreign-situs assets, rechnerisch objektbezogen und staatenweise; deutsche Steuer auf das ausländische Objekt muss innerhalb von 5 Jahren entstehen.

Documentation: valuations at death, situs evidence, foreign assessments and proof of payment are essential on both sides.

Situs drivers (high level)

AssetSitus (typical)Comments
Immovable propertyWhere locatedPrimary taxing right usually at situs.
Tangible movablesPhysical location at death/transferInventory + location proofs matter.
Bank claims / depositsDebtor location (bank)Keep bank domicile evidence.
Shares / stockPlace of incorporationIE PLC → IE situs; German GmbH → DE situs.

Irish CAT: rate & thresholds

CAT standard rate: 33%. Since 2 Oct 2024, thresholds are: Group A €400,000, Group B €40,000, Group C €20,000 (lifetime aggregation since 5 Dec 1991). Always confirm current thresholds on Irish Revenue before filing.

CAT GroupRelationshipThreshold (since 2 Oct 2024)CAT rate
Group AChild (incl. adopted/step/certain foster); parent in limited cases€400,00033%
Group BSibling, niece/nephew, lineal ancestor/descendant€40,00033%
Group CAll other beneficiaries€20,00033%

See Irish Revenue: CAT thresholds & rates; Budget 2025 updates increased the thresholds.

Worked example (numbers)

Scenario
  • Decedent: German resident (Inländer) at death.
  • Heir: Child resident in Ireland (Group A).
  • Assets:
    • German GmbH shares (DE-situs): €1,200,000
    • Irish bank deposit (IE-situs): €300,000
  • Assumptions (illustrative only): Ignore debts/reliefs beyond basic allowances; focus on credit mechanics.
Step A — Germany (ErbSt)
Worldwide scope (Inländer). German tax arises on both assets. Compute German ErbSt (after German allowances).
For credit: portion attributable to IE-situs deposit is separable für § 21 ErbStG.

Step B — Ireland (CAT)
Beneficiary-based CAT. Aggregate benefits since 5 Dec 1991.
Apply Group A threshold (€400k) across total. CAT @ 33% on excess.
IE-situs deposit is clearly within Irish scope; German GmbH shares are foreign property (credit possible on that slice if also taxed in IE).

Step C — Double-tax relief
Ireland: Claim Credit for Double Taxation / Unilateral Relief on the same property taxed in DE (e.g., German shares), up to Irish CAT on that property (documentation required).
Germany: For the IE-situs deposit, apply § 21 ErbStG credit up to the German tax attributable to that deposit, provided German tax on that object arises within 5 years of the Irish assessment.

Illustration only (rounded; ignores spouse/charity/business reliefs, debts, valuations, FX). Actual outcomes depend on precise values, allowances and filings (DE ErbSt return; IE IT38).

Planning checklist (no legal/tax advice)

  • Map assets by situs (DE vs. IE) and type; identify overlap assets early.
  • Compute credits: IE unilateral/double-tax relief (same property) and DE § 21 credit (foreign-situs; 5-year timing).
  • Paper the file: valuations at death, situs evidence, foreign assessments and payment proofs.
  • Sequence lifetime gifts vs. bequests; remember CAT aggregation since 5 Dec 1991.
  • Treaty boundary: DE–IE income/capital DBA ≠ inheritance/gift — don’t rely on it for IHT/CAT.
Disclaimer: General information, not advice. Outcomes depend on facts and current law in both countries.

FAQ

Is there a Germany–Ireland inheritance/gift tax treaty?

No. Ireland notes it has CAT treaties only with the UK and the USA. Relief with Germany is via unilateral/credit mechanisms and § 21 ErbStG on the German side.

What is the CAT rate and current thresholds?

CAT rate is 33%. Thresholds (since 2 Oct 2024): Group A €400,000, Group B €40,000, Group C €20,000. Always confirm on Irish Revenue.

Does the DE–IE income tax treaty help here?

No. It covers income/capital taxes and does not govern inheritance/gift tax.


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