Private Law Theory

SUMMARY OF THE MAIN RESULTS: I. EMPIRICAL SIGNIFICANCE. Family foundations are undeniably en vogue. There has been a boom in this area for some time now. Particularly in the context of asset succession planning and the creation of optimised corporate structures, family foundations can be a highly effective instrument. Contrary to popular belief, domestic or foreign-domiciled family foundations are almost never set up for tax reasons alone. Quite the opposite: The establishment of a foreign-domiciled private foundation, despite its advantages under civil law, will often only be considered in the context of structuring and advisory practice if the assets can be transferred without incurring tax disadvantages. In many constellations, therefore, family foundations are an attractive instrument for reasons other than tax optimisation … (more)

Kraft, Gerhard, Family foundations: Legal framework, structures and taxation, Studien, ISBN 978-3-948850-64-7, Stiftung Familienunternehmen, München (2025).