Germany–Switzerland · Valuation
BewG · Real estate · Shareholdings · SecuritiesValuing Swiss assets for German inheritance and gift tax
Where Swiss assets are subject to German inheritance or gift tax, their valuation is generally governed by German tax law. Swiss tax values, cantonal wealth tax values and book values may provide important information, but they are not automatically decisive for German purposes. Different rules apply depending on the type of asset: foreign real estate and foreign business assets are valued at fair market value, in particular under section 31 of the German Valuation Act (BewG), while shares in corporations are governed by section 11 BewG.
Section 12 ErbStG
German tax liability generally means German valuation rules
The amount of German inheritance or gift tax depends not only on whether Germany is entitled to impose tax. The value assigned to the transferred Swiss assets is also decisive.
Section 12 of the German Inheritance and Gift Tax Act (ErbStG) generally refers to the provisions of the German Valuation Act. For foreign real estate and foreign business assets, section 12(7) ErbStG expressly refers to section 31 BewG.
The value used by a Swiss canton for its wealth, inheritance or gift tax is therefore not automatically the relevant value.
Section 11 ErbStG
The value at the relevant tax valuation date is decisive
Valuation is generally based on the point at which the inheritance or gift tax liability arises.
For an acquisition on death, the relevant valuation date is therefore usually the date of death.
For a gift, the relevant date is generally the date on which the gift is completed.
- Inheritance: generally the date of death
- Gift: generally the date of completion
- Market prices and exchange rates at the valuation date
- Business value as at the valuation date
- Subsequent changes in value are generally disregarded
Valuation principle
Fair market value: what would an unrelated buyer pay?
The German Valuation Act uses fair market value (“gemeiner Wert”) in many areas.
Under section 9 BewG, this generally corresponds to the price that could be obtained if the asset were sold in the ordinary course of business.
All circumstances affecting the price must be taken into account. Unusual or purely personal circumstances, however, are generally disregarded.
Fair market value is a market-based concept
The decisive factor is not the subjective value that a family business, holiday home or shareholding has for the recipient. The starting point is an objective value in ordinary business transactions.
Section 31 BewG
Swiss real estate is generally valued at fair market value
Section 31 BewG applies to foreign real estate. Unlike German real estate, Swiss property is not valued under the special German property valuation procedures in sections 176 et seq. BewG.
Instead, the general valuation provisions in Part One of the BewG apply, particularly section 9 BewG. The relevant value is therefore generally the fair market value of the Swiss property.
Relevant factors may include recent market transactions, location, plot size, building condition, use, tenancy arrangements and market yields.
Comparable prices
Sales of comparable Swiss properties close to the valuation date can provide an important benchmark.
Income approach
For rented properties, sustainable rental income and market yields may be relevant.
Valuation report
For larger or unusual properties, a Swiss market valuation report may be appropriate.
The cantonal tax value is not automatically the German inheritance tax value
A Swiss tax value may be substantially lower or higher than the fair market value relevant for German purposes. It may serve as an indication or starting point, but it does not replace an assessment under section 31 BewG.
Listed securities
Listed shares and other marketable securities
Listed securities are generally valued by reference to their market value at the valuation date.
Section 11 BewG contains specific rules for securities quoted on a stock exchange. For foreign securities, the market value at the relevant date must be substantiated and converted into euros for German tax purposes.
In practice, evidence of the quoted price on the relevant trading venue and the currency conversion used should be documented.
Do not treat a securities portfolio as a single asset
A Swiss securities portfolio may contain numerous individual positions subject to different tax valuation rules: shares, bonds, funds, structured products and cash balances.
Section 11(2) BewG
Unlisted shares in Swiss AGs and GmbHs
For unlisted interests in a Swiss corporation, the fair market value of the shareholding must generally be determined.
If the value can be derived from sales between unrelated third parties that took place less than one year before the valuation date, those transactions may provide a direct basis for the valuation.
In the absence of suitable sales, fair market value must be determined by reference to earnings prospects or another recognised valuation method commonly used in ordinary business transactions for non-tax purposes.
The method should correspond to the approach a buyer would typically use to determine the purchase price. In addition, the value must generally not fall below the statutory net asset value (“Substanzwert”).
| Valuation approach | Significance |
|---|---|
| Recent sale to an unrelated party | The primary reference point where suitable sales between unrelated third parties took place less than one year before the valuation date |
| Capitalised earnings value | Valuation based on sustainable and expected earning capacity |
| DCF / business valuation methods used in the market | May be used where customary in ordinary business transactions involving comparable businesses |
| Multiples method | May be considered where supported by relevant market practice |
| Net asset value | Statutory minimum value under section 11(2) BewG |
Do not adopt the Swiss “practitioner method” without reviewing it
Swiss cantonal valuations of unlisted shares may follow Swiss administrative principles or a locally customary combination of earnings value and net asset value. For German inheritance or gift tax, however, section 11 BewG is decisive.
Size of the shareholding
Control rights may affect the value of a shareholding
The value of a shareholding does not always simply equal the value of one share multiplied by the number of shares held.
Section 11(3) BewG recognises that a shareholding may have a higher fair market value because of particular circumstances, for example where the size of the holding allows the shareholder to control the company.
For larger Swiss family companies, voting rights, veto rights, shareholder agreements and the actual degree of control should therefore be included in the valuation.
Securities portfolios
Value shares, funds, bonds and structured products separately
Each position in a Swiss securities portfolio must generally be recorded in accordance with the tax valuation rule applicable to it.
| Position | Typical valuation approach |
|---|---|
| Listed share | The relevant quoted price or market value at the valuation date |
| Investment fund | Generally the redemption price under section 11(4) BewG |
| Bond | Market value or the applicable securities valuation rules |
| Unlisted shareholding | Fair market value under section 11(2) BewG |
| Cash balance | Nominal amount, converted into euros where necessary |
| Receivable | Generally face value, unless particular circumstances justify a lower or higher value |
Section 12 BewG
Bank deposits, loans and other receivables
Monetary claims that are not already governed by specific securities valuation rules are generally recognised at face value under section 12 BewG.
Particular circumstances may nevertheless justify a higher or lower value. This may be relevant, for example, where interest terms are unusual, the debtor’s creditworthiness is impaired or the claim cannot be recovered.
Irrecoverable receivables are disregarded under section 12 BewG.
Account balances
Generally the nominal amount at the valuation date.
Loan receivables
Generally face value, although particular terms may affect the value.
Credit risk
Doubts about recoverability may justify a lower value.
Foreign currency
Swiss francs must be converted into euros for German tax purposes
German inheritance and gift tax is assessed in euros. Swiss assets valued in CHF must therefore be converted into euros as at the relevant valuation date.
The conversion used should be documented transparently and relate to the valuation date. For high-value assets, even small differences in exchange rates may significantly affect the German tax base.
Do not use today’s exchange rate to value an earlier transfer
For earlier inheritances or gifts, the value at the original valuation date is generally decisive. Subsequent exchange rate movements do not change the original tax value.
Section 31 BewG
Swiss business assets
Under section 31 BewG, foreign business assets are also valued under the general valuation rules, in particular at fair market value.
This is relevant, for example, where a German sole trader business has a Swiss permanent establishment or where Swiss business assets are held directly as part of the estate.
Whether these assets are eligible for relief under sections 13a and 13b ErbStG is a separate question.
Valuation and eligibility for tax relief require separate assessments
An asset may be fully valued yet still fail to qualify for German business asset relief because of the geographical restrictions in section 13b ErbStG.
Switzerland and Germany
Why Swiss tax values may differ from German values
Swiss cantons value assets for their own tax purposes. These values may reflect different valuation objectives, methods and administrative principles from those used under the German BewG.
A cantonal property tax value, a wealth tax value for unlisted shares or another Swiss tax value therefore cannot automatically be used in the German inheritance tax return.
| Swiss document | Usefulness for German purposes |
|---|---|
| Cantonal property tax value | An indication and source of information, but not automatically fair market value under German law |
| Swiss market valuation report | May provide an important basis for determining fair market value |
| Tax value of unlisted shares | A useful comparison, but section 11 BewG remains decisive |
| Annual financial statements of the Swiss company | A key source of data for the business valuation |
| Portfolio statement at the valuation date | Important evidence of securities, cash balances and quantities held |
Swiss and German tax assessments may use different values for the same assets
This does not automatically indicate an error. The two states may arrive at different tax values for the same asset under their respective valuation rules.
Valuation assessment procedure
Foreign assets are not subject to a separate valuation assessment
The German Valuation Act provides separate assessment procedures for German real estate, business assets and certain shareholdings.
Section 151(4) BewG, by contrast, expressly states that foreign assets are not subject to a separate assessment of their value.
The value of Swiss real estate or other foreign assets is therefore generally taken into account within the inheritance or gift tax assessment itself. No separate German valuation assessment notice is issued for those foreign assets.
Practical consequence
Valuation documents for Swiss assets should be available in a clear and verifiable form for submission with the inheritance or gift tax return, or upon request by the responsible German tax office.
Documentation
Which documents are typically required?
| Asset | Typical documents |
|---|---|
| Swiss real estate | Land register extract, purchase agreement, land and floor areas, year of construction, tenancy agreements, market valuation report and comparable sales |
| Swiss AG / GmbH | Articles of association, share register, annual financial statements, current management accounts or financial reports, forecasts, ownership structure and sales to unrelated parties |
| Securities portfolio | Portfolio statement at the valuation date, quantities held, ISINs and evidence of quoted prices |
| Bank account | Account statement or balance confirmation at the valuation date |
| Loan receivable | Loan agreement, outstanding balance, interest terms, maturity and creditworthiness information |
| Business assets | Asset inventory, annual financial statements, permanent establishment records and market value information |
| Foreign currency | Verifiable evidence of the exchange rate at the valuation date |
Assessment sequence
Value Swiss assets in eight steps
Valuation date
Determine the precise tax valuation date.
Type of asset
Classify the asset as real estate, a shareholding, a security or a receivable.
BewG provision
Identify the applicable German valuation rule.
Swiss data
Obtain market and company data as at the valuation date.
Fair market value
Determine an appropriate market value under German law.
CHF/EUR
Convert foreign currency values as at the valuation date.
Evidence
Document the valuation method and supporting records.
Tax treaty
Then assess whether the value is taxed or exempted in Germany.
Frequently asked questions
Valuing Swiss assets
Which law governs the valuation of Swiss assets for German inheritance tax?
Which date is relevant for the valuation?
Can I use the Swiss tax value of a property?
Is Swiss real estate valued using the German cost or income approach?
How are unlisted shares in a Swiss AG valued?
Can the Swiss practitioner method be used?
Is there a minimum value for unlisted companies?
How are investment funds valued?
How are bank deposits valued?
How are loan receivables valued?
What happens to irrecoverable receivables?
How are Swiss francs converted?
Is a separate German valuation assessment issued for Swiss assets?
Do Swiss AG shares automatically qualify for business asset relief?
Does an asset exempt under the treaty still need to be valued?
Further reading
Valuation, tax treaties & Swiss assets
Inheriting Swiss real estate
German inheritance tax, treaty rules and property valuation.
Swiss AG shares
Valuation, inheritance, gifts and section 13b ErbStG.
Inheritance tax treaty
Articles 5–10 and the allocation of taxing rights.
Double taxation
Exemption, tax credits and section 21 ErbStG.
Estate debts
Debt allocation, mortgages and Article 9 of the treaty.
Business succession
Business value, shareholdings and succession.
German tax liability
Section 2 ErbStG and the scope of taxation.
Inheritance & Gifts
An overview of Germany–Switzerland issues.
Germany–Switzerland tax advice
Do you need to value Swiss assets for German inheritance or gift tax?
We assess the applicable German valuation rules for Swiss real estate, unlisted business interests, securities portfolios, accounts and receivables. We also review currency conversion at the valuation date and the implications of the valuation for German inheritance or gift tax and the Germany–Switzerland tax treaty.
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