Usufructuary right to a business is not a beneficiary asset

The usufructuary right to an agricultural and forestry business is not itself a business asset and is therefore not subject to inheritance tax.

The usufructuary right to an agricultural and forestry business does not qualify for the inheritance tax benefits for business assets (tax exemption and tax-free amount). Even if a usufructuary is to be regarded as a co-entrepreneur for income tax purposes, the Münster Fiscal Court is convinced that this does not mean that the usufructuary right is also favored for inheritance tax purposes. According to the court, a usufructuary right is a right of use under civil law that is not a business asset under valuation law.