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Private sales transactions

Gains from private sales transactions are treated as tax-free if they are below the exemption limit of 600 Euro. If the total capital gain is above 599 Euro, it becomes taxable in the full amount.

This text refers to the Steuer 2022. You can find the version for the Steuererklärung 2024 at:
(2024): Private sales transactions



What is included in private sales transactions?

The regulations for which gains or losses count as private sales transactions are set out in section 23 of the Income Tax Act. For tax purposes, they are classified as other income.

Specifically, the following transactions are considered private sales transactions:

  • Sale of non-owner-occupied property within ten years
  • Sale of other private assets within one year

Other assets include items such as gold bars, gold coins, foreign currency, or rented transport vehicles.

If you have earned income from these assets, the speculation period increases from one year to ten years. Gains or losses are not considered private sales transactions if they can be attributed to another type of income. The sale of securities and related speculative transactions are classified as income from capital assets, and the withholding tax applies here.

 

Cryptocurrencies can also be the subject of a private sales transaction according to section 23 (1) no. 2 of the Income Tax Act. This means for transactions within private assets: Capital gains from the exchange or re-exchange of Bitcoins, etc. into euros or another cryptocurrency are considered taxable speculative transactions if the purchase and exchange occur within one year. A gain is (only) tax-free if it is below the allowance of 600 Euro.

(2022): What is included in private sales transactions?



How is the speculation period calculated?

Profits and losses from private sales transactions are only taxable if the speculation period has not yet expired between the purchase and sale of the goods. Once the speculation period has expired, profits are no longer taxable, regardless of the amount. Losses are also not relevant for tax purposes.

The date of acquisition is the day the purchase contract came into effect (this is usually the day the notarial purchase contract was signed), not the date of delivery (transfer of ownership, benefits, and burdens). The same applies to the date of sale of the goods to a third party.

(2022): How is the speculation period calculated?


Field help

Did you sell land, flats, houses or similar land rights in 2022?

Select Yes if you have sold land and similar land rights for which the period between acquisition and sale is no more than ten years.

The calculation of the period between acquisition and sale is generally based on the obligatory transaction underlying the acquisition or sale (e.g. notarised purchase agreement). Please enter the corresponding data in line 32.

The contribution to the business assets is also deemed to be the sale of a property or a right equivalent to a property if the sale from the business assets takes place within ten years of the acquisition of the property or a right equivalent to property. In such cases, however, the gains or losses shall not be recognised until the calendar year in which the proceeds from the sale of the business were received. The hidden contribution of a piece of real estate or rights equivalent to real property into a corporation is also deemed to be a sale. The declaration on sales transactions must also include buildings and outdoor facilities to the extent that they have been constructed, expanded or extended within the ten-year period. This applies mutatis mutandis to independent parts of buildings, condominiums or partly owned rooms.

Excluded from taxation are buildings, independent parts of buildings, condominiums or partly owned rooms (assets) to the extent that they

  • in the period between acquisition or completion and disposal or
  • in the period between acquisition or completion and disposal or
  • were used exclusively for own residential purposes in the year of sale and in the two preceding years.
  • were used exclusively for own residential purposes in the year of sale and in the two preceding years.

If you have sold a property where only part of the property is subject to taxation (for example, a home office, rooms rented out to third parties), enter only information on the taxable portion in lines 34 to 40.

In the case of sale transactions, the acquisition or production costs are reduced by deductions for wear and tear, increased deductions and special depreciation, provided that they have been deducted when determining income from employment, capital assets or rental and leasing. When you sell an asset you have built, the cost of production is reduced by deductions for wear and tear, increased deductions and special depreciation.

Insofar as such depreciation has been deducted when determining other income, the acquisition or production costs are reduced if you acquired or completed the asset after 31.12.2008.

Have you sold any other assets (e.g. gold, cryptocurrencies, antiques, paintings, etc.)?

Select Yes if you have sold other assets for which the time period between acquisition and disposal does not exceed ten years.

The sale of assets held as private assets is only taxable if the period between acquisition and sale does not exceed one year. Once the one-year speculation period has expired, profits no longer have to be taxed, regardless of the amount. They are tax-free and do not have to be stated in the tax return.

Other assets to be included in the tax return in connection with private sales transactions include, for example, sales of

  • gold bars
  • gold coins
  • silver bars
  • silver coins
  • antiques
  • canvases
  • vintage cars
  • bitcoins and other cryptocurrencies

Exception: Sale transactions with items of daily use, on the other hand, are not taxable within the one-year period - and consequently losses can no longer be offset against tax. Reason: The salesman did not expect to achieve a higher price than he had to spend himself.

Did you sell company shares in 2022?

Select Yes if you have sold shares of income.

On the following page, you can then enter the profit or loss that you have incurred through the sale of the company share from your private assets.

Unfortunately, it often happens that at the time the income tax return is submitted, the necessary assessment notice for the participation with the exact amount of income is not yet available. The final decision on the separate and uniform determination of the tax base is usually issued at a later date.

I request for Partner A to waive a loss carryback according to sect. 10d of the Income Tax Act (EStG) into the year 2021.
I request for Partner B to waive a loss carryback according to sect. 10d of the Income Tax Act (EStG) into the year 2021.
Do you want to provide information about the loss carryback according to sect. 10d of the Income Tax Act (EStG)?

Sie können beantragen, dass der Verlustrücktrag von 2022 nach 2021 begrenzt wird.

Erzielen Sie aus einem privaten Veräußerungsgeschäft einen Verlust, können Sie diesen Verlust in unbegrenzter Höhe mit Gewinnen aus anderen Veräußerungsgeschäften verrechnen. Die Verluste können allerdings nicht mit positiven Einkünften aus anderen Einkunftsarten im selben Jahr verrechnet werden.

Beim Verlustrücktrag handelt es sich allerdings um ein Wahlrecht:

(1) Wenn Sie aus Veräußerungsgeschäften einen Verlust erwirtschaftet haben, wird das Finanzamt diesen Verlust automatisch in voller Höhe in das Vorjahr zurücktragen. Dies geschieht allerdings nur, wenn im Vorjahr auch Spekulationsgewinne erzielt wurden. Ist dies nicht der Fall, stellt das Finanzamt einen Verlustfeststellungsbescheid aus.

(2) Wenn Sie den automatischen Verlustrücktrag nicht wünschen, können Sie den Verlustrücktrag ablehnen. Eine Begrenzung wie in den Vorjahren ist ab 2022 nicht mehr möglich.

 


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