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The entire world of tax knowledge

Lohnsteuer kompakt FAQs

 


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Capital gains



How do I apply for the capital gains tax allowance (section 16 (4) EStG)?

If you are over the age of 55 or permanently incapacitated, you can apply for a tax allowance on the capital gain. This is provided it is the first time since 1996 (§ 16 para. 4 EStG).

It may be the case that a portion of the capital gain is only 60% taxable under the partial income procedure. This applies if the business assets sold included shares in corporations. This portion cannot additionally benefit from the tax allowance. Therefore, the portion that is 60% taxable must be deducted from the capital gain and entered in line 16.

How do I apply for the capital gains tax allowance (section 16 (4) EStG)?



How often can the capital gains allowance under Section 16 (4) EStG be claimed?

The tax allowance under § 16 (4) EStG is granted to each person once in a lifetime for a capital gain.

In addition to the tax allowance, you can also apply for the tax reduction under § 34 (3) EStG. The capital gain is then taxed at a reduced rate, which is 56% of the average tax rate (but at least 14%). The tax reduction under § 34 (3) EStG is also granted to each person once in a lifetime for a capital gain.

How often can the capital gains allowance under Section 16 (4) EStG be claimed?



How do I apply for the reduced tax rate (section 34 (3) EStG)?

If you are over the age of 55 or permanently incapacitated, you can benefit from a further tax reduction:

The capital gain can, upon request, be taxed at a reduced rate on the amount exceeding the tax allowance for capital gains. This is provided it is the first time since 2001. The reduced rate is 56% of the average tax rate, but at least the basic tax rate of 14% (§ 34 para. 3 EStG).

How do I apply for the reduced tax rate (section 34 (3) EStG)?



What is included in capital gains?

Income from business operations also includes the profit from the sale of an entire business, a part of a business (branch, subsidiary), or a share in a partnership. The termination of a business is also considered a sale. Shares in a company that are created when a business, part of a business, or a share in a partnership is contributed to a company as an asset in exchange for shares in the company at below market value are also included (§ 21 UmwStG).

If you sell or terminate your business or share in a partnership, you can take advantage of two important tax benefits:

  • Tax allowance for sale: The profit from the sale is tax-free up to 45.000 Euro. However, this amount is reduced if the profit from the sale exceeds 136.000 Euro, by the amount exceeding this limit. Therefore, the tax allowance is no longer available if the profit from the sale is 181.000 Euro or more (§ 16 Abs. 4 EStG).
  • Reduced tax rate: The remaining profit from the sale, after deduction of the allowance, is eligible for the one-fifth rule. Upon request, it can also be taxed at a reduced rate, namely 56% of the average tax rate and at least 14% (§ 34 Abs. 3 EStG).

The tax allowance for sale and the reduced tax rate are only granted under certain conditions:

  • You must be at least 55 years old or permanently incapacitated for work in the sense of social security law.
  • You can only claim these benefits once in your lifetime: the tax allowance for sale from 1996, the reduced tax rate from 2001.
  • You must apply for the benefits.

If the business is sold before the age of 55, without being permanently incapacitated for work, only the one-fifth rule applies. However, this rule does not result in any tax savings if current income is already taxed at the top rate.

When selling a share in a partnership, you are also entitled to the full tax allowance for sale, not just a proportionate amount. However, if you sell only part of your share in a partnership, the profit from the sale is considered current income, and neither the tax allowance for sale nor the reduced tax rate or the one-fifth rule apply (§ 18 Abs. 3 i.V.m. § 16 Abs. 1 Satz 2 EStG).

To prove permanent incapacity for work, a notice from the pension insurance provider or a medical certificate is usually sufficient. This can also be done by a private insurance company if their conditions meet a certain threshold for incapacity for work. However, it has been established that there are other ways to prove permanent incapacity for work (BFH ruling of 14.12.2022, X R 10/21).

What is included in capital gains?


Field help

Tax reference number
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Enter here the tax number under which the company or community is registered.

Enter the tax number assigned by the tax office, not the VAT identification number (according to sect. 27a of the Value Added Tax Act (UStG)).

If you have several tax numbers, enter here the tax number of the business or company.

Hidden reserves / reserves according to sect. 6b para. 1-9 Income Tax Act (EStG) (if applicable in connection with sect. 6c Income Tax Act (EStG))

Enter here the amount of the disclosed hidden reserves and/or the reserves utilised in accordance with sect. 6b paras. 1-9 of the Income Tax Act (EStG)(if applicable in conjunction with sect. 6c of the Income Tax Act (EStG)).

Does the capital gain include hidden assets and/or reserves?

Enter "yes" here if sect. 6b or 6b in conjunction with sect. 6c of the Income Tax Act (EStG) has been applied to at least part of the capital gain for which the allowance in accordance with sect. 16, para. 4 of the Income Tax Act (EStG) can be claimed.

The transfers of disclosed hidden reserves and / or the utilised reserves took place either

  • according to sect. 6b paras. 1 to 9, if applicable in conjunction with sect. 6c Income Tax Act (EStG) or
  • according to sect. 6b para. 10, if applicable in conjunction with sect. 6c Income Tax Act (EStG).
Federal state (Bundesland)
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Indicate here in which federal state the relevant tax office is located.

Which tax office is responsible for you depends on your place of residence or company headquarters. In Germany, there are clear rules governing jurisdiction:

  • Private individuals: The tax office in the district where your main residence is located is in charge.
  • Companies: In this case, the tax office in the district of which the company's registered office or permanent establishment is located is in charge.
  • Communities: If you own shares in a community, you should contact the tax office responsible for the registered office of this community.

Important: It is not possible to select the relevant tax office without selecting the federal state.

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Select here the relevant tax office.

The tax office responsible for you depends on your place of residence or company headquarters. In Germany, there are clear rules governing jurisdiction:

  • Private individuals: The tax office in the district where your main residence is located is in charge.
  • Companies: In this case, the tax office in the district of which the company's registered office or permanent establishment is located is in charge.
  • Communities: If you own shares in a community, you should contact the tax office responsible for the registered office of this community.

The selection list used by Lohnsteuer kompakt is based on the official directory of the Federal Central Tax Office, which lists all current tax offices.

In brackets, you will also find the four-digit Federal Finance Office number (BUFA number). The last two or three digits of the BUFA number also form the first numeric block of your tax number (this varies according to your federal state).

Hidden reserves / reserves according to sect 6b para. 10 Income Tax Act (EStG) (if applicable in connection with sect. 6c Income Tax Act (EStG))

Enter here the amount of the disclosed hidden reserves and/or the reserves utilised in accordance with sect. 6b paras. 10 of the Income Tax Act (EStG)(if applicable in conjunction with sect. 6c of the Income Tax Act (EStG)).

... taxable partial income included therein

Enter here the taxable partial income included in the capital gain (sect. 16 para. 4 Income Tax Act (EStG)), 60% of which is taxable under the partial income procedure (Teileinkünfteverfahren).

According to the partial income procedure (Teileinkünfteverfahren), 60% of income and capital gains from participations in corporations (shares, limited liability company shares, cooperative shares) are taxable. On the other hand, only 60% of the expenses are deductible as income-related expenses. Therefore, if you hold shares in corporations as business assets, you must separately declare (in Form G or Form S) any dividends and profit distributions received that are included in your income from business or self-employment and only 60% of which is taxable. According to sect. 3 no. 40 Income Tax Act (EStG), the tax-exempt portion equals 40% of the income.

Do you want to apply for the tax allowance according to sect. 16, para. 4 of the Income Tax Act (EStG)?

Select "yes" if you want to apply for the tax allowance in accordance with sect. 16, para. 4 of the Income Tax Act (EStG) for the capital gain. Otherwise, select "no".

Note: If the sales tax allowance is claimed, a capital gain of 45.000 Euro remains tax-free. However, this amount is reduced if the capital gain is higher than 136.000 Euro, namely by the excess amount. Therefore, the sales tax allowance is not applicable if the capital gain exceeds 181.000 Euro.

The sales tax allowance is only granted under certain conditions:

  • You must reach the age of 55 or be permanently incapable to work within the meaning of social insurance law.
  • You can only take advantage of the benefits once in your life: The sales tax allowance accounts from 1996; the reduced tax rate from 2001.
  • You must apply for the benefits.
Do you want to apply for a reduced tax rate?

If you have reached the age of 55 or are permanently incapable of working, you can apply for a sales tax allowance for the capital gain.

Reduced tax rate: The capital gain remaining after deduction of the exemption amount is favoured under the fifth regulation. Upon request, it can also be taxed at a reduced rate of 56% of the average tax rate and at least 14%.

The reduced tax rate, like the sales tax allowance, is only granted under certain conditions:

  • You must reach the age of 55 or be permanently incapable to work within the meaning of social insurance law.
  • You can only take advantage of the benefits once in your life: The sales tax allowance accounts from 1996; the reduced tax rate from 2001.
  • You must apply for the benefits. 
Capital gains

Enter here the capital gain for which the sales tax allowance is requested.

If the sales tax allowance is claimed, a capital gain of 45.000 Euro remains tax-free. However, this amount is reduced if the capital gain is higher than 136.000 Euro, namely by the excess amount. Therefore, the sales tax allowance is not applicable if the capital gain exceeds 181.000 Euro.

The sales tax allowance is only granted under certain conditions:

  • You must reach the age of 55 or be permanently incapable to work within the meaning of social insurance law.
  • You can only take advantage of the benefits once in your life: The sales tax allowance accounts from 1996; the reduced tax rate from 2001.
  • You must apply for the benefits.

Note: If you do not want to claim the sales allowance, for example, because you want to save it for a later sale, or if the requirement for this benefit is not met, for example, because you are not 55 years old yet or not occupationally incapacitated, the capital gain may be tax-privileged according to the one fifth regulation.

Did the termination of business extend over more than one calendar year?

Select "yes" if the business termination has lasted for more than one calendar year.

If necessary, enclose explanations on a separate sheet of paper with your tax return.

Is the acquirer a company in which the selling person or a relative has an interest?

When selling a business (practice, law firm, office, etc.), the tax authorities would like to know whether you or a member of your family is a shareholder in the company that acquired your business. Corresponding explanations must be provided on an additional sheet.

Note: If you or a relative is a shareholder of this acquiring company, you are not entitled to the sales tax allowance (max. 45.000 Euro) nor to the reduced tax rate (56% of the average tax rate, with a minimum initial tax rate of 14%). In this case, the capital gain from the sale is included in the current profit.

Do you want to make a capital loss under § 16 Income Tax Act claim?

Wählen Sie "ja" aus, wenn Sie den Veräußerungsverlust nach § 16 EStG beantragen wollen.


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