What information do I need to provide regarding the duration of the pension?

For lifelong annuities from taxed income, the annuity period depends on the lifetime.

If the annuity ends with the death of the beneficiary, you must declare this in the tax return. The profit share for private pensions is based on the age of the beneficiary at the start of the pension. Shortened annuities from taxed income are also linked to a person's life but are limited to a specific term. They are paid until the end of the term at the latest but expire earlier if the beneficiary dies beforehand.

The annuity period is needed to calculate the profit share. Pensions from the statutory pension insurance are not taxed with the profit share but with the higher taxable share. This increases by two percentage points each year for each new group of pensioners, and the non-taxable part is the pension allowance. This decreases annually until it is zero in 2040.

(2022): What information do I need to provide regarding the duration of the pension?

How are pension back payments taxed?

If you receive a pension back payment over a period longer than twelve months, this counts as remuneration for work over several years and is considered extraordinary income. This income can be taxed more favourably using the so-called one-fifth rule.

In this process, the eligible income is deducted from the taxable income, and then one fifth of it is added back. The income tax for the taxable income is then calculated, once with and once without the one-fifth amount. The difference is multiplied by five. This results in the tax for the extraordinary income.

The tax office automatically checks which calculation is more favourable for you. For the correct calculation, you must enter your received back payment separately. Enter any work-related expenses incurred in connection with the back payment (such as court or legal fees) separately as well.

Note: The Münster tax court ruled on 19 September 2019 (Ref. 5 K 371/19 E) that the reduced tax rate under § 34 EStG does not apply to a pension back payment relating to two assessment periods if the back payment is made in the second assessment period.

(2022): How are pension back payments taxed?

What is the income share of the pension?

The percentage of income depends on the age of the pension beneficiary at the start of the pension (§ 22 No. 1 Sentence 3 EStG). The following table shows the percentage of income based on the age at the start of the pension:

(2022): What is the income share of the pension?

What is a capital gain pension?

A capital sum in the form of a pension is received when, instead of a one-off payment from the buyer, you receive a pension for the transfer of your assets (e.g. business, property, land).

Special conditions apply to capital sums in the form of a pension from the sale of a business, agricultural enterprise or professional practice. We recommend consulting a tax advisor in this case.

Capital sums in the form of a pension must be distinguished from pension payments or maintenance payments.

(2022): What is a capital gain pension?

What is a pension benefit?

A pension payment is made when a pension is paid to you by a legally entitled heir (e.g. spouse, children, parents).

In return, the pension recipient transfers certain assets to the pension payer.

Capital payments must be distinguished from pension payments or long-term financial obligations and pure maintenance payments.

(2022): What is a pension benefit?