Confusing situation - ETFs units as gift

[holymackarel]

As an OCI and tax resident of Germany, I recently found out that Germany imposes a preliminary lump-sum tax on mutual funds—even if they are not liquidated. If I do sell them, I would be liable to pay long-term capital gains (LTCG) tax here in Germany at a rate of 25% plus additional surcharges, which is significantly higher than the 12.5% LTCG rate in India.

Although the Double Taxation Avoidance Agreement (DTAA) prevents the same income from being taxed twice, it still requires me, as a German tax resident, to pay the higher of the two applicable tax rates—meaning I end up paying the German rate.

Given how steep and disadvantageous this is, I’m considering transferring all my mutual fund units to my mother, who is an Indian resident. She could then sell them whenever she wants to and be taxed at the lower Indian rate.

Has anyone gone through a similar process? I’ve heard that stamp duty may apply on such a transfer in India —does anyone know how to estimate this? Also, are there any negative tax implications ( gift tax etc) in Germany for transferring Indian mutual fund units as a gift to someone in India?

Determining the cost benefit of going through this is what I am struggling with at the moment. Any thoughts here ? Can anyone here recommend a tax advisor who has a good understanding of the DBA with India and is well versed with international tax law ?

[PandaMunich]

I’m considering transferring all my mutual fund units to my mother, who is an Indian resident.

Take care.
There is also German gift tax to consider.
The tax-free amount for a gift in the direction "child --> parent" is only 20,000€, please see here: https://www.rosepartner.de/freibetrag-s ... egereltern.

For example, if you gift your mother 50,000€ worth of ETF, you would owe 4,500€ in gift tax: https://www.smart-rechner.de/schenkungs ... echner.php

2025-08-07 11_38_40-Schenkungsteuerrechner - komfortable Berechnung.jpg (126.27 KiB) Viewed 95 times

Can anyone here recommend a tax advisor who has a good understanding of the DBA with India and is well versed with international tax law ?

Not me, I no longer accept new clients.

[Nixon]

Would that be 20k per year or lifetime or something else?

[PandaMunich]

Would that be 20k per year or lifetime or something else?

20k€ every 10 years: https://expertise.tax/en/faq-german-tax ... tance_gift

[Nixon]

Would that be 20k per year or lifetime or something else?

20k€ every 10 years: https://expertise.tax/en/faq-german-tax ... tance_gift

Thanks Panda.