As a rule, a free acquisition does not constitute an acquisition, so that the gift is not considered an acquisition. If there is no legal transaction, but, as in the case of an inheritance, the acquisition by virtue of law, it is also not an acquisition in economic terms. An exception under tax law is the time of acquisition as the time of acquisition by the testator .
The Income Tax Act (EStG) uses the legal term very often, but does not offer a legal definition . Acquisition and sale by the same legal entity play a role in the sale transaction under (1) EStG, if private assets are acquired and resold within a certain period of time . The sale period for land and leasehold rights is 10 years (Section 23 (1) No. 1 EStG), for other assets (in particular securities such as shares ) the period is 1 year (" speculation period "; Section 23 (1) No. 2 EStG) ). If purchases are made within these deadlines and are sold at the same time, any profit therefrom is taxable . In the case of free acquisition, the legal successor is responsible for the acquisition or transfer of the economic asset into private assets by the legal predecessor (Section 23 (1) sentence 6 EStG). If, in the case of inheritance, the heir has sold the inherited asset within the deadline, the purchase costs of the testator are to be offset against him in the context of determining the income (Section 23 (1) sentence 3 EStG).
Banking and stock exchange
Banking transactions often require the acquisition of financial instruments by credit institutions , for example in the case of financial commission business ( (1) No. 4 KWG ) or financial services such as contract brokerage ( (1a) No. 2 KWG). According to (2) BörsG, only those who commercially acquire and sell items that can be traded on the stock exchange for their own account or who acquire and sell in their own name for third-party account or broker contracts for the acquisition may be admitted to participate in stock exchange trading and sale takes over.
Commercial and accounting law
In commercial law , acquisition means the acquisition of an asset . The acquisition of an asset is its transfer from a third party power of disposal into one's own power of disposal. The transfer of beneficial ownership already counts . The effort that the purchaser has to make for this is specified in accordance with the acquisition costs ( (1) HGB ). The purpose of valuing an asset at acquisition cost is, on the one hand, to portray the acquisition as a transaction with no impact on income , because the acquisition costs correspond to the value of the delivered asset in return . On the other hand, the acquisition costs represent the upper limit in the accounting .
In commercial and accounting law , the equivalent to acquisition is production . The acquisition is the receipt of an already existing asset from a third party (criterion of external procurement ), so that the production accordingly means the production of a non-existing or semi-finished asset by in- house production . In addition, the purchase requires the item to be operational .
Commercial broker is to para. 1 HGB, who takes arranging contracts for the purchase or sale of goods or securities, on insurance, cargo transportation, ship rent or other items of trade.
Acquisition and acquisition
The counterpart to acquisition in civil law is acquisition, which - unlike acquisition - can take place not only through a legal transaction, but also by virtue of the law , by way of foreclosure and also without consideration. Therefore the inheritance is just as much an acquisition under civil law as the gift.
- Cornelia Kraft / Gerhard Kraft, Principles of Corporate Taxation , 2004, p. 76
- Cornelia Kraft / Gerhard Kraft, Principles of Corporate Taxation , 2004, p. 75 f.
- BFH, judgment of May 24, 1968, Az .: VI R 6/67 = BStBl II 1968, 574
- Klaus Bertram / Ralph Brinkmann / Harald Kessler / Stefan Müller (eds.), Haufe-HGB-Comment , 2009, p. 682
- Hartmut Bieg / Heinz Kussmaul, External Accounting , 2009, p. 121
- Klaus Bertram / Ralph Brinkmann / Harald Kessler / Stefan Müller (eds.), Haufe-HGB-Comment , 2009, p. 681