Change to preferential regime for family companies: is there still hope for private real estate?

👉 What has been decided?

• In the original draft decree, private real estate (houses, apartments, building plots) would be completely excluded from the preferential regime, both for real estate held directly by the family company and for real estate in subsidiaries in which the family company holds at least 10% of the shares.
• In the new draft decree, there is now an exception. Private real estate remains within the preferential regime if:
  • the company with the real estate carries out a genuine economic activity (such as renting and selling homes or project development; mere management remains excluded);
  • the company derives at least 75% of its turnover from an activity related to such real estate;
  • the company employed at least one employee in the three years before the death or gift, and maintains this employment for the three years after.
• This exception is good news for active real estate companies, but also raises new questions:
  • Which real estate activities count as a genuine economic activity, and when does something go beyond mere management?
  • What about companies that combine multiple activities, including private real estate? Such companies may fall below the 75% threshold and thus lose the preferential regime, which may disadvantage them compared to pure active real estate companies.
  • How is it handled for companies that operate both private and professional real estate? Does the exception lapse as soon as turnover from private real estate falls below 75%? How does the legislator justify the difference between 75% and, for example, 74%?

⚖️ Entry into force

The new rules apply from January 1, 2026.

🔍 What should you do?

From that date, the donation of shares in a company with private real estate will become more expensive, more complex, and administratively heavier. Family companies with private real estate may therefore consider making a donation before January 1, 2026, under the current rules.

👉 Do you have questions about how these changes may affect your situation?

Contact our experts