ᐅ Moving in before transfer of ownership / usufruct / rental agreement – disadvantages?

Created on: 31 Mar 2021 13:22
F
Frelili
Hello everyone,

I am completely new here and also new to the topic of homeownership and property, and I feel a bit like I’m in a vast, bottomless pit.

I would like to ask a first question here for orientation and try to keep it as brief but precise as possible. Thank you.

So:
  • An apartment was purchased by the parents and has remained empty ever since, but it would basically be move-in ready immediately (more or less, there is a functioning bathroom and an old kitchen with old but working appliances).
  • The apartment is therefore empty and unoccupied, never lived in by the parents, and never rented out.
  • The apartment is supposed to be gifted to the child within the next three months, at the latest by June of the current year.
  • The child (the recipient of the gift and thus the future owner) wants and is allowed/able to move into the apartment as a tenant.
  • The rental agreement between the parents (the usufruct grantors) and the child (the future owner but also tenant) is planned to be signed only on the day/date of the gift transfer.

The question:
Is it allowed (I think yes), but is it somehow disadvantageous if the child already moves into the apartment now, i.e., before the gift transfer and rental agreement, and lives there rent-free for three months?

Are there any disadvantages regarding the tax authorities, the gift, the property valuation for the gift contract, or anything else? Or does it not matter at all?

Thank you very much!

Good luck
S
saralina87
31 Mar 2021 22:53
Frischluft schrieb:

Yes, acquaintances have said, "Why don’t you transfer the inheritance while you’re still alive, or haven’t you already? That way, if everything goes well, you can make use of the tax-free allowance and, as mentioned, if all goes well, benefit from passing on the remaining amount tax-free as well."

Well, basically yes.
However, this only makes sense if there is enough wealth for the son to have to pay taxes in the first place. You can only answer that for yourself.
The usufruct arrangement can be done that way, sure. However, I don’t fully see the necessity of it. It’s all money going to the notary and the land registry office that might possibly be completely unnecessary.
F
Frelili
31 Mar 2021 22:55
You mean "not quite like that"?

Could you possibly give me a rough estimate (just for orientation) of what a notary service like that might cost?

Gift deed
vs.
Gift deed with usufruct rights

Aren’t they roughly the same?
S
saralina87
31 Mar 2021 22:59
No, I don't think so.
Edit: My knowledge on this is too limited and risky, better ask someone who knows more!

One more thought: Are there any siblings?
N
nordanney
31 Mar 2021 23:02
Frischluft schrieb:

and I don’t see why it couldn’t get a loan from the bank in an emergency. But as I said, I’m not very familiar with this.

I’m telling you this as a banker: nobody would buy such an apartment at a foreclosure auction if it is encumbered with a senior usufruct right. That’s why the apartment cannot be used as loan collateral.

Regarding your points 2 and 3: you’re building a complex scenario with ideas of renting or rent-free use, gifting, usufruct, then possibly renting out or personal use. I don’t know your life situation, but this is quite complicated and unclear why you want to do it this way.
And all of that for an apartment that isn’t very practical to use, as you described. What kind of values are we even talking about here?
F
Frelili
31 Mar 2021 23:03
No? Then I don’t understand the sentence. "However, I also see the necessity quite clearly."

There are no siblings. Only one child.

If it is important:
The mentioned apartment is still encumbered with an outstanding loan. The parents are the debtors.
F
Frelili
31 Mar 2021 23:06
@nordanney :

Okay. Then maybe we are making mistakes that we don't have to. Thanks for your input.

PS:
The apartment purchase price a few years ago was around 480,000–500,000 euros.