Questão jurídica principal
Whether the transfer of business assets to the taxpayers' siblings by gift constitutes a taxable transfer from business to private assets.
Decisão extraída
Yes. A gift from business assets is treated as a transfer from business to private assets, so the capital gain is in principle taxable.
Fundamentação extraída
Under § 24 Abs. 1 StG and Art. 18 Abs. 2 DBG, capital gains from transfer of business assets are taxable; a gift is not excluded from that rule.