Examples of the company form GbR
The GbR is practically possible for any purpose. Examples of the GdbR can be the amalgamation of several physiotherapists to form a physiotherapy practice, the amalgamation of two or more doctors or dentists to form a group practice, the amalgamation of at least two lawyers to form a partnership or the amalgamation of two or more construction companies to form a consortium (ARGE) .
The informal association of shared apartments, car pools or music bands also falls under the term GbR. A GbR is also a band or a builders’ association. Incidentally, this also includes syndicates (lottery) or car pools. This is because a GbR does not necessarily have to have a professional background.
Establish a real estate GbR
It is possible to set up a real estate GbR to buy real estate together. However, it should be noted that real estate purchases are subject to the notarial form and cannot be agreed and concluded informally.
Usually you don’t need a GbR to buy a property. If several people buy a property together, this is usually done according to so-called ideal fractions, which are also entered in the land register. Which variant is easier depends on the individual case.
In any case, one advantage of acquiring a property as a GbR is that the buyers are more flexible if they want to transfer their shares in it later. Regardless of whether to co-shareholders or third parties. You can save notary fees as well as real estate transfer tax.
There are also advantages when transferring real estate to children or when integrating foreign goods from spouses. The GbR contract enables the co-owners to avoid one of them selling or giving away their shares without the knowledge and consent of the other.
However, such cases are highly dependent on the individual case and urgently require prior advice from a notary who can explain the advantages and disadvantages in the individual case.
Family GbR
According to SPORTINGOLOGY, the Familien GbR is also called a family company or even a family pool and is usually founded when it comes to inheritances or gifts that are difficult to divide. The donee or heirs can then choose a KG or a GbR to protect and manage the assets.
These can be company shares, land or accounts. With this type of company you can avoid founding a community of heirs. The background is not only to save taxes, but also to avoid the violent splitting of wealth.
What is the best choice in each individual case depends on various factors and should therefore only be decided after detailed advice from a lawyer or notary.
What are the advantages and disadvantages of the GbR?
The GbR has the following advantages and disadvantages:
Advantages
- The formation is quick and easy, the contract can even be replaced by an oral agreement.
- There are only a few formalities to be observed and the start-up costs are low.
- No minimum capital required to set up.
- A simple type of bookkeeping in the context of the income-surplus account is sufficient.
- The GbR is not a company in the sense of the HGB and therefore cannot / does not have to be entered in the commercial register .
Disadvantage
- The formation requires at least two people.
- All partners are liable with their private assets.
- The legal form needs to be changed if the size of the company grows rapidly. At least the automatic conversion into an OHG takes place.
- When choosing a name, several factors have to be taken into account, a free choice of name or a fantasy name is therefore not possible.
- The GbR is of no interest to investors, since they would have to join as shareholders and thus, like the others, be liable with their private assets.
Establish and register a GbR – These steps are required
In the following, we will deal with the exact background to founding and registering. But first, briefly as part of an overview, the most important steps:
- Oral or written agreement, preferably a written contract ( templates for a written agreement can be helpful).
- A business registration by each partner (not for freelancers).
- A tax registration questionnaire must be completed at the tax office in order to receive a tax number.
- Creating a business account is not mandatory, but sensible and recommended.
- For bookkeeping and taxes, it must be clarified how this should be properly handled. Even through software or through a tax advisor? Or in combination?
- Anyone who runs a business must register with the IHK or the HWK.
- If employees are hired, a company number is required, which is available from the Employment Agency.
- Registration with the responsible trade association must be made no later than one week after the establishment.
- Depending on the type of activity, you may have to register with other offices.
- In addition, it is necessary to check which insurance is necessary, all of which must be taken out in good time.
