Field help: Were tax-free reorganisation gains obtained?

Select "yes" if you have received tax-free restructuring gains in accordance with § 3a EStG.

What is this about?

Restructuring gains occur when a company's debts are partially or fully waived to prevent insolvency. These gains are tax-free under certain conditions according to § 3a EStG. This means that the proceeds from the debt waiver are not subject to income tax if the company's restructuring is the priority and all conditions are met.

What does "tax-free restructuring gain" mean?

Tax-free restructuring gains are profits resulting from a creditor waiving a claim to avert impending insolvency. For these gains to remain tax-free, the company must be in a financial crisis, and restructuring must be the priority. The tax exemption under § 3a EStG can be applied if the tax office has confirmed the need and ability for restructuring.

When should you provide information?

• If debts were partially or fully waived for you as part of a company restructuring.
• If this debt waiver was intended to avert insolvency and economically stabilise the company.

Where can you find the information?

The necessary details on the amount and type of restructuring gains can be found in the restructuring agreements or the tax office's confirmation of tax-free treatment under § 3a EStG.