Spouse / registered partner exemption
Tax-free allowance for surviving spouse or registered partner
EUR 500.000 per spouse (Paragraph 16 ErbStG). Additional pension allowance of up to EUR 256.000 may apply if no survivor pension is received (Paragraph 17 ErbStG). Total potential exemption up to EUR 756.000
EUR 828.035 in 2026 (partnervrijstelling - exact indexed figure). Reduced by capitalized value of any survivor pension received. Floor of at least EUR 162.071 always applies. Source: Belastingdienst.nl 2026
🇳🇱 Netherlands Netherlands spouse exemption of EUR 828.035 exceeds Germany base exemption of EUR 500.000. Germany can reach EUR 756.000 with pension allowance but only where no survivor pension exists
Child exemption
Tax-free allowance per child (per deceased parent)
EUR 400.000 per child (Paragraph 16 ErbStG). Applies to biological, adopted and stepchildren. Resets every 10 years for lifetime gifts between the same parties
EUR 26.230 per child in 2026 (exact indexed Kindvrijstelling). Biological children treated equally to legal children from 1 January 2026 (Tax Plan 2026, HBN Law). Source: Belastingdienst.nl 2026
🇩🇪 Germany Germany child exemption of EUR 400.000 is more than 15 times higher than Netherlands EUR 26.230. This is the most impactful difference for families with children
Tax rates - spouse and children (Class I / Group 1)
Rates applied to amounts above the exemption for close family
Class I: 7% on first 75.000 above exemption, rising to 11%, 15%, 19%, 23%, 27%, 30% on amounts above 26.000.000. Source: ErbStG Paragraph 19
10% on amounts up to 138.641 above exemption. 20% on amounts above 138.641. Applies to spouse, children and grandchildren. Source: Belastingdienst / Expatica Netherlands 2026
🇩🇪 Germany Germany's lowest Class I rate of 7% is lower than the Netherlands' floor of 10%. For mid-range estates above the exemption, rates are broadly comparable
Grandchild exemption
Tax-free allowance for grandchildren
200.000 per grandchild (Paragraph 16 ErbStG). Increases to 400.000 if the grandchild's parent (the decedent's child) is already deceased
Grandchildren fall in Group 2 (same as siblings): 18% on amounts up to 138.641, 36% above. Exemption is a lower threshold than for children. Source: Expatica Netherlands 2026
🇩🇪 Germany Germany provides a dedicated 200.000 grandchild exemption with Class I rates. Netherlands taxes grandchildren at the higher Group 2 rate of 18-36%
Siblings, extended family rates
Tax rates and exemptions for siblings, in-laws, nieces and nephews
Class II: 15-43% rates. Exemption only 20.000. Applies to siblings, parents-in-law, nieces and nephews, step-parents, divorced spouses named in will
Group 2: 30% on amounts up to 138.641, 40% above. Applies to grandchildren, siblings, all others who are not spouse or child. Exemption approximately 2.500 for non-close heirs. Source: Expatica Netherlands 2026
🇩🇪 Germany Germany's Class II starts at 15% versus Netherlands Group 2 floor of 30%. Germany is materially more favourable for extended family inheritance
Non-family heirs (friends, unmarried partners)
Rates and exemptions for unrelated heirs
Class III: 30-50% rates. Exemption only 20.000. Applies to friends, business partners, unregistered cohabiting partners, distant relatives
Group 2: 30-40% rates. Exemption approximately 2.500. Applies to all heirs who are not a qualifying spouse or child
🇳🇱 Netherlands Netherlands top rate for non-family is 40% versus Germany's 50%. For non-family heirs, Netherlands is slightly more favourable at the top
Family home relief
Tax treatment of the primary residence passed to heirs
Full exemption for spouse inheriting the family home (Familienheim) if they continue to use it as their primary residence for at least 10 years. Children can also qualify up to 200 sqm. Clawback applies if conditions broken. Source: ErbStG Paragraph 13
No direct equivalent to Germany Familienheim exemption exists in the Netherlands. The property value counts toward the standard partner exemption of EUR 828.035 or child exemption of EUR 26.230. A high-value home exceeding the partner exemption will generate a taxable amount at 10-20% rates. Source: Government.nl inheritance tax 2026
🇩🇪 Germany Germany's Familienheim full exemption for the surviving spouse is a major planning tool with no direct equivalent in the Netherlands
Business asset relief
Relief available for inherited business assets or company shareholdings
85% relief (regular option) or 100% relief (optional full exemption) for qualifying business assets. Conditions: asset tests, wage-sum test, 5 or 7-year retention period. Clawback on breach. Source: ErbStG Paragraphs 13a-13c
Bedrijfsopvolgingsregeling (BOR): up to 100% exemption for qualifying business assets transferred on death or as a gift. Subject to continuation conditions. Under political review for tightening since 2023
Tied Both countries offer substantial business asset relief up to 100%. Germany's system is more technically complex; Netherlands BOR is under political review for potential tightening
10-year gift aggregation rule
Whether prior lifetime gifts are aggregated with the inheritance
Yes - all gifts between the same donor and recipient within 10 years before death are aggregated with the inheritance for tax calculation. Exemption applies to the combined total. Source: ErbStG Paragraph 14
Gifts made within 180 days before death are treated as inheritance from 1 January 2026 (no longer subject to separate gift tax). Longer-term gifts are separately assessed under gift tax rules. Source: HBN Law Tax Plan 2026
🇳🇱 Netherlands Germany's strict 10-year aggregation window requires careful long-term planning. Netherlands changed its 180-day rule from 2026 but does not apply a 10-year lookback for inheritance purposes
Filing deadline
Time allowed to file the inheritance tax return
3 months from becoming aware of the taxable acquisition (Paragraph 30 ErbStG). Tax office may request a formal return separately
20 months from date of death for deaths on or after 1 January 2026 (extended from 8 months). Interest on unpaid tax only accrues after the 20-month period. Source: Government.nl 2026
🇳🇱 Netherlands Netherlands extended its filing deadline to 20 months from 2026 - a significant improvement versus Germany's 3-month initial reporting requirement
Cross-border scope
Which assets are subject to inheritance tax for residents
Worldwide assets taxed if either the deceased or the heir is a German resident (Inländer) at the time of death. Extended liability for German citizens up to 5 years after leaving Germany. Tax treaties with USA, France, Sweden, Denmark, Switzerland and Greece
Dutch residents are taxed on worldwide assets. Non-residents only taxed on Netherlands-situated assets. Treaty with UK (1979) provides double-tax relief. No broad treaty network equivalent to Germany
🇳🇱 Netherlands Germany's extended 5-year liability for departing German citizens is a significant planning consideration that Netherlands does not apply in the same way
Overall family estate planning
Best jurisdiction for a typical family estate (spouse plus two children)
Spouse: EUR 500.000 exemption plus potential EUR 256.000 pension allowance. Each child: EUR 400.000 exemption. Family of four: up to EUR 1.556.000 exempt before any tax is due. Familienheim full exemption on top for primary residence
Spouse: EUR 828.035 (exact 2026 indexed figure). Each child: EUR 26.230 (exact 2026 indexed figure). Family of four: approximately EUR 880.495 exempt. Primary residence included in estate value at market rate above the partner exemption
🇩🇪 Germany For a typical family estate, Germany combined exemptions (up to EUR 1.556.000 plus Familienheim) far exceed Netherlands approximately EUR 880.495. Germany is strongly preferred for family succession planning
ⓘ All amounts in EUR. Rates and exemptions are based on 2026 published rules. German exemptions under ErbStG Paragraph 16 and Paragraph 17. Dutch rates and exemptions from Belastingdienst and Government.nl 2026. Both countries tax the heir individually, not the estate as a whole. Both countries apply inheritance tax and gift tax under a unified system. Business asset reliefs are subject to strict conditions and are under ongoing political review in both countries. Always consult a qualified estate planning adviser (Nachlassberater in Germany / notaris in Netherlands) before making succession decisions.