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Gift and transfer agreements

- Our experts are here to assist you


Experts in gift & transfer legal proceedures in Austria

- Free Initial Consultation to discuss your needs -

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We’re Here for You – for donations, handovers and beyond

Whether you want to transfer assets during your lifetime, draw up a gift agreement or find out about the reporting obligations under the Gift Notification Act - we will accompany you with experience, care and legal clarity every step of the way.

24+

Years of experience

1

Notary with a team of experts



With a gift upon death, you can determine today that certain assets will be transferred to another person after your passing—independently of a will.


Our notaries prepare the required notarial deed and ensure that your gift is legally binding and cannot be contested in the event of death. This form of asset transfer can be a meaningful option not only for close relatives but also for third parties. We provide clear guidance on the legal framework and support you in implementing your wishes with clarity and legal certainty.



Whether it’s a lifetime gift, a gift upon death, or a gift contract by notarial deed, our notary office provides expert guidance on all legal, tax, and formal requirements. When transferring real estate, property, or valuable assets, we ensure that your agreements are legally valid and tailored to your personal situation.


We also assist with the gift reporting obligations under the Austrian gift notification act and advise you on when a transfer agreement. This way, you can structure your asset transfer transparently and with long-term security.





A transfer differs from a gift given that it involves consideration—for example, continued maintenance, a right of residence, or usufructuary rights. Our experienced notaries will help you draft a legally binding transfer agreement that clearly outlines all obligations and is tailored to your family’s needs. Especially in the transfer of real estate, agricultural, or forestry property, a professionally prepared contract is essential.


We advise you on all tax implications, ensure proper land register entry, and support you in creating a sustainable, long-term solution. With expertise and care, we help you plan your asset succession in a way that is secure, fair, and forward-looking.

Services

Gift upon death

Your wishes legally secured

Gifting

Transferring assets with foresight

Transfer

Legally compliant handover

Gift Notification Act

Fulfill reporting obligations in good time



According to the Gift Notification Act, there are reporting obligations for gifts of valuables such as securities, cash, company shares and real estate. This serves to ensure transparency and prevent evasion. Gifts between relatives up to the fourth degree or relatives-in-law up to the second degree must be reported if their value exceeds EUR 50,000 per year. In the case of gifts between other persons, the reporting obligation applies if the value exceeds EUR 15,000 within the last five years.


We provide you with comprehensive advice on the legal requirements and support you in fulfilling your gift tax reporting obligations correctly and on time.



We are here for you in all matters relating to gifts, transfer agreements, and gift contracts. With legal precision and decades of experience, we support you in structuring lifetime gifts, gifts upon death, the transfer of real estate, and the contractual arrangement of residential and usufructuary rights. Together, we ensure your asset transfer is clear, legally secure, and designed with the future in mind.

Gift and transfer agreements- We are here to assist you

Donation

Transfer

Gift upon death

Gift notification act

Our Team

Mag. Matthias Kowarsch

Mag. Isabella Pouzar-Hofmeister

Hatice Karadogan, stud. iur

At the Mariahilf notary's office, you can expect a warm and highly qualified team that will accompany you with legal know-how, care and humanity.

A dedicated team with care and expertise

FAQ- Common questions

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Is a gift agreement valid without a notary?


A gift agreement is only valid without any formal requirements if the gift is made immediately - for example by direct transfer. However, if the gift is not made immediately, a notarial deed is required by law to make the agreement legally effective.

When does a gift have to be notarized?
Notarization is always required in the case of a gift without immediate transfer or if real estate, land or residential rights are to be transferred. Only a deed of gift in the form of a notarial deed enables a legally valid transfer in these cases.
Which gifts must be reported in Austria?

According to the Gift Notification Act, certain transfers of assets such as cash, securities, company shares or larger tangible assets must be reported. The reporting obligation applies to gifts to non-close relatives with a value of EUR 15,000 or more within five years - for relatives with a value of EUR 50,000 or more within one calendar year.

Which donations are tax-deductible in Austria?
Donations to beneficiary organizations such as non-profit associations or research, education or development aid institutions can be claimed for tax purposes in Austria. The prerequisite is that the donation is made voluntarily and without consideration. We will be happy to advise you on the exact requirements and the necessary obligations to provide evidence.
What is the legal difference between a gift and a transfer?
While a gift is made free of charge, a transfer usually involves a consideration - for example in the form of a right of residence, pension obligations or a usufructuary right. Both forms are subject to different legal requirements, especially when transferring real estate or as part of the transfer of assets within the family.

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