Gift · child in the U.S. · German gift tax
Gift from Germany to a child in the U.S.: tax, allowance and treaty rules
If a parent in Germany gives cash, securities, real estate or business interests to a child living in the United States, German gift tax can apply. The child's U.S. residence does not prevent German taxation. At the same time, U.S. information reporting can arise. Important issues include the donor's residence, the €400,000 child allowance, prior gifts within ten years and the separate Germany–U.S. estate-and-gift-tax treaty.
Section 2 ErbStG
If the donor lives in Germany, the gift is generally subject to German tax on a worldwide basis
German gift tax does not depend solely on where the child lives or where the transferred property is located.
If the donor qualifies as a German resident within the meaning of Section 2 ErbStG when the gift is made, unlimited German gift tax liability generally applies. Germany then generally taxes the entire gratuitous transfer.
This also applies where the child has lived for years in New York, California, Texas or another U.S. state and the funds are transferred directly to a U.S. bank account.
Typical situations
When Germany can tax the gift
Parent lives in Germany
Unlimited German gift tax liability generally covers the worldwide transfer of property.
Child lives in the U.S.
The child's foreign residence does not prevent German taxation where the donor is already a German resident for gift tax purposes.
Property in Germany or the U.S.
Under unlimited tax liability, German and foreign property can both fall within the German gift tax base.
Donor moves abroad
German citizens can remain within the German gift tax system for five years after departure
German gift tax can remain relevant even if the parent making the gift has already left Germany. A German citizen can generally continue to qualify as a German resident for gift tax purposes for up to five years after giving up German residence.
A move to the United States immediately before a major gift therefore does not automatically eliminate German gift tax.
This domestic five-year rule must be distinguished from the special ten-year rule in Article 4(3) of the Germany–U.S. estate-and-gift-tax treaty.
Section 16 ErbStG
A child generally has a €400,000 personal allowance
Where unlimited German gift tax liability applies, a child generally has a personal allowance of €400,000.
The fact that the child lives in the United States or is a U.S. citizen does not by itself reduce this allowance.
Generally tax-free
If there are no relevant prior gifts from the same parent, a gift within the personal allowance can generally be made without German gift tax.
Taxable excess
Only the taxable acquisition remaining after the allowance and other available deductions is generally subject to German gift tax.
Separate allowances
Gifts from the mother and father are generally separate acquisitions. Each parent can therefore generate a separate personal allowance.
Section 14 ErbStG
The €400,000 allowance does not restart with every transfer
Multiple acquisitions from the same person within a ten-year period are aggregated under Section 14 ErbStG.
If a father gave his child €250,000 six years ago and now transfers another €300,000, a fresh €400,000 allowance cannot simply be applied to the second gift in isolation.
The ten-year period is therefore a central planning factor for larger family wealth transfers.
Mother and father are considered separately
Gifts from different donors are not combined into a single €400,000 allowance. Each donor-to-recipient relationship is considered separately.
Asset types
What is being gifted to the child in the United States?
Cash transfer
A standard bank transfer is generally valued at its nominal amount. Sending the funds to a U.S. account does not remove the gift from German gift tax.
Stocks & securities
For a securities transfer, the value at the time of the gift must be determined under German valuation rules.
German real estate
German real property is subject to special valuation rules. Retained usufruct rights, residence rights or assumed liabilities can also affect the taxable value.
Property located in the U.S.
If the donor is subject to unlimited German gift tax liability, U.S. bank accounts, U.S. securities and other foreign assets can also be taxed in Germany.
GmbH or business interests
Business interests require separate valuation and an analysis of potential relief under Sections 13a and 13b ErbStG.
Transfer to a trust
If property is transferred to a U.S. trust rather than directly to the child, different German tax issues arise and the trust structure should be analyzed separately.
Gifting securities is not the same tax event as a later sale
For German gift tax, the value of the transferred property at the time of the gift is relevant. Later income tax consequences for the child — for example dividends or a later sale — are separate.
For a U.S. child, U.S. basis rules and future U.S. capital gains taxation can also become relevant. Those consequences should be considered before larger securities transfers are made.
Germany–U.S. Estate & Gift Tax Treaty
The separate treaty also covers lifetime gifts
The Germany–U.S. convention covering estate, inheritance and gift taxes applies not only to transfers on death but also to lifetime gifts.
The treaty determines the donor's treaty residence, allocates certain classes of property between the contracting states and contains rules for relieving double taxation.
- Article 4: treaty residence
- Article 5: immovable property
- Article 6: permanent-establishment property
- Article 8: certain partnership interests
- Article 9: other property
- Article 11: double-tax relief and credits
- Article 12: estates and trusts
Article 4 Treaty
The donor's treaty residence is particularly important for gifts
Domestic German tax liability is only the first step. For application of the special treaty, the donor's residence under the treaty must also be determined.
Where an individual has residence connections to both Germany and the United States, the Article 4 tie-breaker rules can become relevant.
This is particularly important for German citizens who have moved to the United States but continue to maintain significant residential or personal connections to Germany.
Immovable property
The situs country can have a specific taxing right over real estate
Article 5 of the treaty contains a special rule for immovable property. If, for example, German real estate is gifted to a child living in the United States, Germany remains particularly relevant as the situs state.
Conversely, a gift of U.S. real estate can create a U.S. taxing right. Article 11 must then be reviewed for potential relief from double taxation.
U.S. side
The child can have U.S. reporting obligations even though the gift is not ordinary income
A genuine gift from a foreign individual is generally not treated as ordinary taxable income to a U.S. recipient merely because cash or property is received.
However, larger foreign gifts can trigger specific U.S. information reporting. If a U.S. person receives more than $100,000 in aggregate from a foreign individual or foreign estate during a tax year, Form 3520 can be relevant.
Related gifts may need to be aggregated for purposes of the threshold. The detailed U.S. reporting analysis should be handled separately on the U.S. side of the case.
U.S. person
U.S. citizens and other U.S. persons can have information-reporting obligations for significant foreign gifts.
Form 3520
For gifts from a foreign individual, the $100,000 annual threshold can be particularly relevant.
Not automatically income
The receipt of the gift itself must be distinguished from future income generated by the gifted property.
Detailed U.S. gift tax and reporting issues are covered separately on taxrep.us.
U.S. gift tax generally focuses on the donor — not simply on the recipient
The fact that the child is a U.S. citizen or U.S. resident does not automatically mean that the child must pay U.S. gift tax on the property received.
Whether U.S. gift tax applies depends primarily on the donor, the donor's U.S. tax status and, for foreign donors, the nature and situs of the transferred property.
Planning
For larger gifts, Germany and the United States should be considered before the transfer
A cross-border gift should not be planned solely by reference to the German €400,000 allowance. The type of asset, timing, U.S. reporting and the child's later taxation can all affect the preferred structure.
Review prior gifts
Identify all gifts from the same parent during the preceding ten years.
Choose the asset
Cash, securities, real estate and business interests can produce different tax consequences.
Apply the treaty
Determine treaty residence and asset allocation under the separate gift-tax treaty.
Coordinate U.S. consequences
Consider reporting, U.S. gift-tax issues and future U.S. taxation before the transfer is completed.
Examples
Typical gifts to a child in the United States
€300,000 from father in Germany to son in Boston
If there are no relevant prior gifts from the same father, the transfer generally falls within the German €400,000 child allowance. U.S. reporting should still be reviewed separately.
€600,000 cash gift to daughter in New York
Under unlimited German gift tax liability, the transfer exceeds the personal allowance. The remaining taxable acquisition is generally taxed in German tax class I.
€250,000 five years ago plus €250,000 today
Both gifts from the same parent fall within the ten-year aggregation period and are combined for German gift tax purposes.
Mother and father each give €400,000
Where each parent makes a separate gift, two separate personal allowances of €400,000 can generally be relevant.
Parents transfer a securities portfolio
The securities must be valued at the time of the gift. The child's future U.S. tax treatment should also be considered.
German property gifted to a child in California
German real estate remains relevant for German tax. Valuation, retained rights and financing can all affect the taxable amount.
Business property
For GmbH shares, the €400,000 allowance is only one part of the analysis
If business interests are transferred to a child in the United States, the personal allowance must be considered together with business valuation and possible relief under Sections 13a and 13b ErbStG.
In cross-border structures, the legal form and treaty asset allocation can also be decisive.
Trusts
A gift to a U.S. trust is not the same as a direct gift to the child
If property is transferred to a U.S. trust in order to benefit the child indirectly, the German gift tax consequences must be analyzed independently.
Depending on the structure, the transfer to the foreign pool of assets itself can be taxable. Later distributions to the child can create additional German tax consequences.
Documentation
Documents important for larger cross-border gifts
Gift agreement
For larger transfers, the purpose, asset, value and date of transfer should be documented clearly.
Prior gifts
All gifts from the same donor during the preceding ten years, including date and value.
Residence & citizenship
Residence and citizenship of donor and child, including migration history where relevant.
Valuation
Bank statements, brokerage records, real estate values or business valuations as of the transfer date.
Transfer evidence
Bank records, brokerage transfers, notarized agreements or corporate documentation.
U.S. reporting
For larger gifts, it should be documented which U.S. information-reporting obligations arise for the child.
Common mistakes
Issues frequently overlooked when gifting to a child in the U.S.
“The child lives in the U.S., so there is no German gift tax”
The donor's German residence can by itself trigger unlimited German gift tax liability.
Using €400,000 for every transfer
Gifts from the same person within ten years are aggregated.
Looking only at Germany
For a U.S. child, information reporting such as Form 3520 can become relevant.
Confusing the gift with future income
The property transfer and later dividends, interest or gains are separate tax events.
Valuing securities at original cost
For German gift tax, the value at the time of transfer is generally what matters.
Treating a trust like a direct transfer
A transfer to a U.S. trust can have very different German tax consequences from a direct gift to the child.
Further guidance
Related topics
Frequently asked questions
Gift from Germany to a child in the United States
Does a child living in the U.S. have to pay German gift tax?
What is the German gift tax allowance for a child?
Does the €400,000 allowance apply to a U.S.-citizen child?
Can the mother and father each give €400,000?
When is the allowance available again?
Is a gift to a U.S. child taxable income in the United States?
When should the child review Form 3520?
Does U.S. gift tax automatically apply because the child lives in the United States?
Is there a treaty between Germany and the U.S. for gifts?
Germany–U.S. tax advice
Are you planning to transfer assets from Germany to your child in the United States?
We review German gift tax liability, personal allowances and prior gifts, the treatment of cash, securities, real estate and business interests, and the separate Germany–U.S. gift-tax treaty. Where needed, we coordinate the German planning with the child's U.S. reporting and tax consequences.
Schedule an initial consultation