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Constitutional Court Hears Two Cases That Could Reshape Germany’s Inheritance Tax

The hearings examine whether federal rules on personal allowances and broad breaks for company heirs violate equality principles and could oblige lawmakers to rewrite tax law.

Overview

  • The Bundesverfassungsgericht held two hearings in Karlsruhe on Monday and Tuesday, October 12–13, 2026, with the first day focused on Bavaria’s abstract challenge to federal rules and the second on a private complaint about privileges for business heirs.
  • Bavaria argues the federal government lacks competence for parts of inheritance law and says personal tax-free allowances set in 2009 are outdated given regional spikes in property prices, a point it used to demand regional or higher Freibeträge.
  • A private complainant says company heirs are advantaged because the law allows an 85 percent tax exemption if a firm is kept for five years and full exemption under stricter seven-year rules, while the needs test for very large transfers let recipients escape roughly €3.7 billion in tax relief in 2025.
  • Judges may confirm the rules, strike specific provisions, or declare parts unconstitutional while temporarily leaving them in force and giving Parliament time to amend the law, a range of outcomes that would create legal uncertainty and could affect recent or planned transfers.
  • The case has clear political fallout: the SPD offers a ‘FairErben’ plan with a €5 million allowance for business transfers and steeper taxation above that, the Union defends protections for family firms, and any court ruling would likely trigger major legislative debate into 2027.