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Lohnsteuer kompakt FAQs

 


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Investment funds without German tax deduction



What is the advance lump sum?

The so-called advance lump sum ensures that a certain minimum taxation takes place at the investor level - even in cases where a fund makes no or insufficient distributions. The amount of the advance lump sum always refers to the previous year. When the shares are actually sold, the advance lump sums taxed up to that point are deducted from the proceeds of the sale (proceeds of sale minus acquisition data minus advance lump sum).

This means that a capital gain is reduced (and thus the tax burden). In the case of a capital loss, the advance lump sum already calculated increases your capital loss. Double taxation is therefore excluded.

The advance lump sum has been levied and taxed since the beginning of 2019.

What is the advance lump sum?



Wie hoch ist die Vorabpauschale?

Die Vorabpauschale ist eine besondere Steuerregelung für Erträge aus thesaurierenden oder teilthesaurierenden Fonds. Seit 2019 wird sie jährlich erhoben und stellt eine vorweggenommene Besteuerung von künftig erwarteten Wertsteigerungen dar.

Wichtig: Die Vorabpauschale wird bei der Veräußerung der Fondsanteile vom tatsächlichen Verkaufsgewinn wieder abgezogen, um eine Doppelbesteuerung zu vermeiden.

Wie wird die Vorabpauschale berechnet?

Die Vorabpauschale richtet sich nicht nach tatsächlich erzielten Gewinnen, sondern wird nach folgender Formel ermittelt:

Vorabpauschale = 70 % des Basiszinses × Wert des Fondsanteils zu Jahresbeginn

  • Der Basiszins wird jährlich von der Deutschen Bundesbank zum 2. Januar festgelegt.
  • Die Vorabpauschale ist auf den sogenannten Basisertrag begrenzt. Dieser entspricht der Differenz zwischen dem ersten und letzten Rücknahmepreis im Jahr, zuzüglich eventueller Ausschüttungen.
  • Gibt es keinen Rücknahmepreis, wird der Börsen- oder Marktpreis verwendet.

Auf die errechnete Vorabpauschale wird dann die Abgeltungsteuer von 25 % fällig – zuzüglich Solidaritätszuschlag und ggf. Kirchensteuer.

Wann gilt die Vorabpauschale als zugeflossen?

Die Vorabpauschale wird nicht sofort, sondern immer zum ersten Werktag des Folgejahres als Ertrag erfasst. Das regelt § 18 Abs. 3 InvStG.

Vorabpauschale für 2025 (BMF-Schreiben vom 10.1.2025)
  • Basiszins (2.1.2025): 2,53 %
  • 70 % davon: 1,771 %
  • Fiktiver Zufluss: 2.1.2026

Wie hoch ist die Vorabpauschale?



What is partial exemption?

For certain domestic income, there is an additional burden of corporation tax at the fund level for public investment funds. To offset this pre-taxation at the fund level, fund distributions, advance lump sums, and capital gains from the sale of fund units are partially exempt from tax. This is referred to as a "partial exemption".

The rate of the fund-specific partial exemption depends on the type of fund (as of October 2018):

  • 30% for equity funds (at least 51% equity according to the investment conditions)
  • 15% for mixed funds (at least 25% equity according to the investment conditions)
  • 60% for real estate funds (at least 51% in real estate or real estate companies according to the investment conditions)
  • 80% for real estate funds with a foreign focus (at least 51% in foreign real estate or foreign real estate companies according to the investment conditions)

The classification of a fund into a fund category is based on the investment policy by the fund company (investment company). They provide the qualification of the fund (e.g. equity or mixed fund).

 

The tax certificate from the custodian banks usually states: "Total of all positive capital income, gains and earnings (including distributions, advance lump sums and gains from the sale of investment units after partial exemption)." The individual items are then explained in more detail. Investors should carefully check whether this is also the case with their tax certificate. If the disclosure has not been made: You should request the statement on the equity ratio, real estate ratio, etc. from your fund provider if it has not already been sent to you unsolicited.

These figures are often already published online in the annual reports. Check the relevant ratios of your fund. If, for example, the equity ratio is consistently more than 50%, a partial exemption of 30% should be applied, which must be claimed in the tax return - and not with the fund provider or the custodian bank. Failure to do so may result in paying too much income tax on your capital income.

What is partial exemption?



Which funds are affected by the advance flat rate?

In principle, all domestic and foreign investment funds (including ETFs) can be affected by the advance lump sum.

For distributing funds, any distribution made is taken into account when calculating the advance lump sum. If the distribution is sufficiently high, no advance lump sum is incurred. It can therefore be assumed that the advance lump sum mainly affects accumulating funds.

Which funds are affected by the advance flat rate?



Is the withholding tax on the advance lump sum credited upon a later sale?

Yes, when the fund shares are sold at a later date, all advance lump sums of the fund that have already been taxed are deducted from the sales proceeds on a pro rata basis.

This is to avoid double taxation.

Is the withholding tax on the advance lump sum credited upon a later sale?


Field help

Would you like to enter the details for each fund separately?

Here, you decide whether to record the investment income in detail for each fund or as a total sum.

Individual entry (answer "yes")
Select "yes" if you want to enter the details for each individual investment fund separately. 

You can then for each fund enter purchases and sales, specify the distributions received, calculate the advance lump sum, and correctly record gains and losses from sales.

The required information can be found in the tax certificates or annual statements from your custodian bank or fund provider. All relevant data is listed separately for each fund.

Total entry (answer "no")
Select "no" if you have a consolidated tax statement from your bank or (foreign) credit institution.

This includes the totals for distributions, advance lump sums, gains and losses from sales, as well as the tax deduction amounts already withheld (e.g. capital gains tax, solidarity surcharge, church tax).

Total values are often provided by banks that issue tax certificates or tax reports with overviews for the tax year (e.g. foreign brokers or online banks).

Note:

  • Individual entry is more accurate but requires more information.
  • Total entry is easier if you have complete tax documents from the foreign bank.
Credited foreign taxes (line 40 of Form KAP)

Enter the credited foreign taxes that apply to fund income and have already been credited against German tax as part of investment taxation. This includes, for example, withholding taxes on foreign dividends or interest income in the fund assets.

The amount will be transferred to line 40 of the KAP form.

Example: A fund holds US shares and distributes income to you. In the US, 15% withholding tax is deducted, so on a distribution of 1.000 Euro, 150 Euro withholding tax is incurred. Of this, 100 Euro was credited against your German tax. Enter 100 Euro here.

Сreditable foreign taxes (line 41 of Form KAP)

Enter the creditable foreign taxes applicable to fund income that would generally be creditable against German income tax. The amount may be higher than the actual credited tax if, for example, statutory maximum amounts under the Investment Tax Act (§ 7 para. 1 InvStG) limit the credit.

The value is transferred to line 41 of Form KAP.

Example: A total of 300 Euro foreign withholding tax was deducted from fund income, but only 250 Euro were creditable. Enter 300 Euro here.

Notional foreign taxes (line 42 of Form KAP)

Enter any notional foreign withholding taxes that are considered for tax credit purposes under certain double taxation agreements (DTAs) or the Investment Tax Act, even though no tax was actually withheld abroad.

The amount is entered in line 42 of Form KAP.

Example: A DTA allows a notional withholding tax of 10% to be credited for certain foreign income from a fund, even though no actual tax was withheld. For income of 1.000 Euro, this results in a notional tax of 100 Euro. Enter 100 Euro here.

Should foreign tax deduction amounts be taken into account?

Select "yes" if foreign tax deductions have already been credited on the income from investment funds.

This concerns withholding taxes levied on fund income abroad, which can be taken into account in Germany under the Investment Tax Act.

The foreign taxes can be credited against German tax. However, maximum amount regulations and possible credit limits under an existing double taxation agreement (DTA) must be observed. Only the amounts actually credited should be entered here.

Has a remaining allowance been determined for protected old shares of investment trusts?

If a remaining allowance for protected old shares in investment trusts has been determined for you by 31.12.2024, please select "yes" here.

The allowance of 100.000 Euro for old stocks is determined and offset by the tax office as soon as parts of the old stock are sold and a tax return is filed. Only at this point the assessment procedure begins. The remaining tax-free amount can be found in the tax assessment notice of the previous year. If the tax-free amount has been completely used up, it is determined annually as zero.

Would you like to record the regular distributions (before partial exemption)?

If you wish to record distributions from investment shares, please select "yes".

Line 4 Distributions from equity funds

Enter the amount of distributions from equity funds before partial exemption here. 

Line 5 Distributions from balanced funds

Enter the amount of distributions from mixed funds before partial exemption here. 

Line 6 Distributions from property-based investment funds

Enter the amount of distributions from property funds before partial exemption here.

Line 7 Distributions from foreign property funds

Enter the amount of distributions from foreign property funds before partial exemption here. 

Line 8 Distributions from other investment trusts

Enter the amount of distributions from other investment funds here.

Would you like to record the advance flat rates (before partial exemption)?

Select "yes" if you want to record the preliminary lump sums before partial exemption according to section 18 of the Investment Tax Act.

Line 9 Advance flat rates from equity funds

Enter the amount of advance lump sums from equity funds before partial exemption here.

Line 10 Fixed advance payments from mixed funds

Enter the amount of advance lump sums from mixed funds before partial exemption

Line 11 Advance flat rates from property funds

Enter the amount of advance lump sums from property funds before partial exemption.

Line 12 Advance flat rates from foreign property funds

Enter the amount of advance lump sums from foreign property funds before partial exemption here.

Line 13 Advance flat rates from other investment funds

Enter the amount of advance lump sums from equity funds before partial exemption here.

Do you want to record capital gains (and losses)?

Select "yes" if you wish to declare gains and losses from the disposal of investment shares that have not already been subject to domestic tax deduction. Enter the details separately according to the type of fund.

Select "no" if you do not need to declare such capital gains or losses, or if they have already been fully taxed by the domestic bank.

Line 14 Profits and losses before partial exemption

Specify here profits and losses from the sale of fund shares.

The following are also considered to be sales of fund shares:

  • return,
  • assignment,
  • withdrawal or
  • hidden contribution.

All profits and losses that were not subject to domestic tax deduction must be reported separately according to fund type for 2025.

Line 15 ... profits from old shares contained therein

If the stated income also includes gains from protected old shares, please state it here.

Line 16 Profits and losses from the deemed disposal of old shares

Enter here gains and losses from the notional sale of old shares. The notional income is taxable only at the time of the actual sale and is therefore not included in the above-mentioned income.

Would you like to record interim gains?

If you also wish to record interim profits under the Investment Tax Act 2004, please select "yes".

For so-called old shares (acquired before 01.01.2009), an interim profit was determined as of 31.12.2017, as the shares were deemed to have been sold on this date and then repurchased.

This interim profit is taxable upon a later actual sale and must be declared in the tax return.

 

Interim profit from deemed disposals as of 31.12.2017

Enter the total interim gains from deemed disposals as of 31.12.2017 here.


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