IDW S13: Valuation of Compensation Claims

7
Min Read
IDW S 13 provides specific guidance for business valuations used to determine compensation and settlement claims in family and inheritance law. It supplements IDW S 1 by addressing issues such as valuation dates, transferable earnings, deferred taxes, and the reconciliation of enterprise value with the resulting legal claims.
#IDW Standard
#Inheritance Law Valuation
#Family Law Valuation
#Settlement Claims
#Compensation Payments
Peter Schmitz
on
3.11.20
The founder and Managing Director of smartZebra GmbH. Formerly head of company valuation at Deutsche Bahn (DB) AG, Peter also advised at ACXIT Capital Partners.

The Institute of Public Auditors in Germany (IDW) adopted the final version of IDW S 13 in 2016. The standard, Besonderheiten bei der Unternehmensbewertung zur Bestimmung von Ansprüchen im Familien- und Erbrecht, replaced the previous IDW St/HFA 2/1995.

Embedding IDW S 13 in civil and tax law

IDW S 13 addresses business valuations used to determine compensation or settlement claims in property-related disputes under family and inheritance law. Relevant situations include matrimonial property disputes, compulsory-share claims and inheritance disputes.  

The standard must be considered together with the applicable civil-law provisions. It also expressly distinguishes these valuations from inheritance-tax valuations. For inheritance-tax purposes, the relevant provisions of the German Inheritance Tax Act (ErbStG) and Valuation Act (BewG) apply instead.  

Specification of IDW S 1, not an exception to IDW S 1

IDW S 13 does not establish an alternative valuation system. The first stage remains an objective business valuation based on the principles of IDW S 1. IDW S 13 then adds a second stage in which the resulting business value is reconciled with the specific compensation or settlement claim.  

This two-stage approach can be summarized as:

  1. Determine the objective business value according to the applicable valuation principles.
  2. Reconcile the business value with the specific claim, taking the legal and economic circumstances of the family or inheritance dispute into account.

This distinction is central to applying IDW S 13 correctly.

Special features when determining the objective business value

IDW S 13 introduces several considerations that are particularly relevant to family- and inheritance-law valuations.

Two valuation dates

In matrimonial property disputes, both the initial and final assets may need to be valued. The valuer therefore has to determine the relevant business values at the respective valuation dates rather than simply applying today’s information retrospectively.  

Consistency between initial and final valuations

The initial and final assets should be valued using consistent valuation principles. This is important when measuring the change in business value over a longer period. Changing the valuation methodology between the two dates can distort the resulting compensation claim.  

Historical information and hindsight

Historical valuation dates often involve incomplete documentation. The valuer must reconstruct the information that would have been available at the relevant date and avoid incorporating subsequent developments simply because they are known today.

IDW S 13 specifically addresses the difficulties associated with limited information for historical valuation dates.  

Transferable earning power

For owner-managed SMEs, not all earnings necessarily represent transferable earning power. If business performance depends substantially on the individual owner, the valuer may need to distinguish between earnings that could be transferred to a hypothetical successor and earnings attributable to the owner’s personal contribution.  

Imputed entrepreneurial salary

The appropriate entrepreneurial salary can also be relevant, particularly for owner-managed SMEs. An economically appropriate remuneration for the owner’s management activities may need to be reflected when determining sustainable earnings and therefore the business value.

✅ For a deeper discussion, link here to Special Features of IDW S13 in Business Value Assessment.

Reconciliation from business value to the compensation claim

The second stage of IDW S 13 addresses how the objective business value is translated into the claim relevant to the family or inheritance dispute.

Deferred and personal tax effects

Where the valuation involves a presumed sale, the associated tax consequences may affect the value. IDW S 13 therefore addresses the relevance of income-tax effects and deferred taxes in the reconciliation process.  

Restrictions on disposal

Contractual or other restrictions can affect the value of a shareholding in specific circumstances. IDW S 13 requires such effects to be assessed based on the circumstances of the individual case rather than through unsupported blanket discounts.  

Financing of compensation payments

The financing costs associated with paying a compensation or settlement claim must be distinguished from the value of the business itself. The ability to finance the claim therefore represents a separate consideration in the reconciliation process.  

Monetary devaluation

When initial and final assets are compared over several years, they must be placed on a comparable price basis. IDW S 13 therefore addresses the treatment of monetary devaluation when determining the relevant change in wealth.

✅ For the detailed reconciliation issues, interlink to Special Features of the Reconciliation of Company Value in IDW S13.

Why IDW S 13 matters in valuation practice

The importance of IDW S 13 lies in separating two questions:

What is the objective value of the business?

and

What compensation or settlement claim follows from that value under the applicable legal framework?

Keeping these stages separate makes the valuation more transparent, reproducible and easier to review. It also prevents legal considerations belonging to the reconciliation stage from being incorporated prematurely into the underlying objective business value.

Wrap it up!

IDW S 13 provides a specific framework for business valuations used to determine compensation and settlement claims in family and inheritance law. It does not constitute an alternative to IDW S 1. Instead, it specifies the valuation process for these particular occasions and adds a second stage for reconciling the business value with the legally relevant claim.  

For valuation professionals, the key considerations include consistent treatment of valuation dates, careful handling of historical information, transferable earning power, appropriate entrepreneurial remuneration, tax effects and a transparent reconciliation of the business value to the compensation or settlement claim.

smartZebra supports valuation professionals with market data and tools for business valuation workflows, helping make complex valuation inputs more consistent, transparent and reproducible.

Reference

  1. ⁠IDW S 13 – Besonderheiten bei der Unternehmensbewertung zur Bestimmung von Ansprüchen im Familien- und Erbrecht. 6 April 2016. https://www.idw.de/idw/idw-verlautbarungen/idw-s-13.html
  2. ⁠IDW – Current list of IDW pronouncements. https://www.idw.de/idw/idw-verlautbarungen/aktuelle-liste

Updated at 18 August 2026.

Questions & Answers

What is IDW Standard 13 and why is it important?

IDW Standard 13 is a standard that defines the special features of business valuations for determining compensation and settlement claims in the context of property disputes under family and inheritance law. It helps to make valuations in these contexts transparent and legally compliant.

In which contexts is IDW Standard 13 applied?

IDW Standard 13 is used for property law disputes in family and inheritance law, but not for valuations for inheritance tax purposes.

How does IDW Standard 13 differ from IDW Standard 1?

IDW Standard 13 is not an exception to IDW Standard 1, but rather concretizes its principles for specific valuation occasions in family and inheritance law.

What are the main components of IDW Standard 13?

The main components of IDW Standard 13 are the special features of determining an objectified business value and the reconciliation to the equalization or settlement claim.

What special valuation aspects does IDW Standard 13 deal with?

IDW Standard 13 deals with aspects such as two valuation dates, consistency of methods, consideration of deferred taxes and the financing of compensation payments.

How can smartZebra help with the application of IDW Standard 13?

smartZebra provides tools and data that simplify the complex process of business valuation in accordance with IDW Standard 13, enable accurate analysis and ensure compliance requirements are met.

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