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Operating income

This text refers to the Online Steuererklärung 2022. You can find the version for the Steuererklärung 2024 at:
(2024): Operating income



Should operating income be stated net or gross?

Business income must be stated at the net value - that is, excluding VAT. The VAT applicable to this must be entered separately.

An exception applies to small businesses that do not show VAT in accordance with § 19 UStG: They state their business income at the invoice amount.

Business income must be declared in the year in which it was received. Regularly recurring business income belongs to the relevant year even if you receive it within 10 days after or before the turn of the year.

Business income that is income tax-free does not need to be entered in the "Anlage EÜR" due to lack of query. This includes, for example:

  • for start-ups, the start-up grant,
  • investment allowance,
  • tax-free portion of dividends from shares held as business assets. The taxable half of the dividends must be entered in the line "VAT-free, non-VATable business income".

Expense allowances from a privileged part-time activity remain tax-free:

  • up to 3,000 Euro if you have a part-time job as a trainer, instructor, educator, etc., e.g. as a conductor, choir director, trainer, teacher at an adult education centre or IHK, trainer at the fire brigade or DRK (so-called trainer allowance according to § 3 No. 26 EStG).
  • up to 3,000 Euro if you work as a legal guardian, custodian or carer (so-called carer allowance according to § 3 No. 26b EStG).
  • up to 840 Euro if you have another voluntary activity in the non-profit sector, e.g. as an official, board member, fire brigade equipment manager, equipment manager (so-called volunteer allowance according to § 3 No. 26a EStG).

Note: In the past, tax-free income and related business expenses were not queried, with some exceptions. This is now different. Now, for example, expense allowances for trainers or volunteers (§ 3 No. 26, 26a, 26b EStG), start-up grants (§ 3 No. 2 EStG) or restructuring income (§ 3a EStG) must be stated under business income. If and to the extent that this income is tax-free, it must be entered in lines 91-93, i.e. the initially declared (tax-free) business income is deducted here. If applicable, the trainer allowance of 3,000 Euro or the volunteer allowance of 840 Euro must be entered if no higher business expenses are claimed.

(2022): Should operating income be stated net or gross?



What right of election do I have with the small business regulation?

The small business regulation for VAT can be chosen if your gross turnover in the previous year did not exceed 22,000 Euro and is not expected to exceed 50,000 Euro in the current year (§ 19 para. 1 UStG). The small business regulation means that you:

  • may not separately show VAT on your outgoing invoices,
  • do not have to pay VAT to the tax office,
  • cannot claim the VAT on your incoming invoices as input tax at the tax office,
  • may not state the VAT rate on invoices for small amounts up to 250 Euro.

Important note: Showing VAT or stating the VAT rate on invoices for small amounts would be considered an unauthorised display of VAT. This would mean that you would have to pay the VAT to the tax office, and the recipient of the invoice would not be able to deduct the tax as input tax.

The small business regulation is an option. You also have the option to opt for VAT and then take advantage of the input tax deduction. However, this option, i.e. the waiver of VAT exemption, is binding for five calendar years. If you voluntarily opt for VAT, enter your sales, the VAT received, the input tax paid, and the VAT paid to the tax office in the "Anlage EÜR 2022".

Waiving the VAT exemption is advantageous if you:

  • have larger purchases - especially in the start-up year - or high material costs, as only then can you deduct the VAT included in incoming invoices, e.g. purchase of a photovoltaic system.
  • provide services exclusively to companies, as the VAT charged is a pass-through item for them and does not increase costs.

Note: Even small business owners must include the tax number or VAT identification number and a consecutive invoice number on their invoices.

Reverse VAT liability according to § 13b UStG:

  • For building contractors, subcontractors, and construction workers, a reverse charge mechanism applies: If you receive work supplies and other services related to the construction, repair, maintenance, modification, or demolition of buildings, you must not pay the VAT to the service provider but directly to the tax office. The service provider no longer has to pay VAT and therefore must not show it on their invoice to the client (§ 13b para. 1 no. 4 UStG).

For small business owners according to § 19 UStG, who do not charge or pay VAT, the following applies regarding the reverse charge mechanism:

  • If you are a service recipient who also provides construction services on a regular basis (craftsman), the reverse charge mechanism also applies to you. You must therefore pay VAT on the supplies and services received, even if they are for your private residence (§ 13b para. 5 UStG). In this case, you must enter the VAT to be paid.
  • If you are a service provider, the reverse charge mechanism does not apply to the service recipient. They do not have to pay VAT (§ 13b para. 2 sentence 4 UStG).

(2022): What right of election do I have with the small business regulation?



How can I correctly determine the private use value of my company car?

If the business use, including journeys between home and business and for trips home as part of maintaining a second household

  • is more than 50%, the vehicle automatically becomes necessary business assets.
  • is between 10% and 50%, you can choose whether to allocate the vehicle to business assets or private assets (discretionary business assets).
  • is less than 10%, the vehicle counts as necessary private assets.

For a vehicle allocated to business assets, you can record all costs in full as business expenses and deduct them for tax purposes. Business expenses also include costs incurred for private journeys and journeys between home and business premises. However, a correction is made for these journeys:

  • For private journeys, a private usage value must be taxed, i.e. recorded as business income. Additionally, VAT is calculated on this usage value and added to business income.
  • For journeys between home and business and for trips home as part of maintaining a second household, the total costs are proportionately reduced. In return, these journeys are deducted as business expenses using the commuting allowance.

The private usage value can be determined

  • (1) using the flat-rate method, if the business usage share is more than 50%.
  • (2) using the logbook method.
  • (3) using the partial value, if the business usage share is less than 50%.
  • (4) Additionally, cost capping may apply when using the flat-rate method.

(2022): How can I correctly determine the private use value of my company car?



Private vehicle use: (1) Flat-rate method for business use

The so-called 1% flat-rate method has only been permitted since 2006 for vehicles that are part of the necessary business assets, i.e., used for more than 50% business purposes. The private usage value can be determined on a flat-rate basis without much effort, using only the list price of the vehicle as a basis. Your individual situation is not taken into account, which is why this method can sometimes be more favourable and sometimes less advantageous than the logbook method.

Private usage value = list price x 1% x number of months

The domestic list price for the company car, including special equipment and VAT, is 30.000 Euro.

The private usage value is: 1% of 30.000 Euro x 12 months = 3.600 Euro per year.

According to the new legal situation, accident costs incurred during a private trip are no longer covered by the flat-rate usage value. Instead, the employer's waiver of cost reimbursement constitutes an additional monetary benefit for you (BFH ruling of 24.5.2007, BStBl. 2007 II p. 766).

VAT: The private usage value determined using the flat-rate method is subject to VAT (§ 3 para. 9a no. 1 UStG). However, not all costs are subject to input tax, e.g., vehicle tax and vehicle insurance, so the usage value can be reduced by 20% on a flat-rate basis, and VAT calculated on the reduced amount. The VAT amount is to be entered in the line "Collected VAT and VAT on free value transfers".

The private usage value according to the flat-rate method is:

30.000 Euro x 1% x 12 months = deduction for costs without input tax deduction flat rate 20%

  3.600 Euro

./. 720 Euro

  3.600 Euro

 

Basis for VAT:

19% on the basis

= 2.880 Euro

547 Euro

 

  + 547 Euro

To be taxed as business income

  = 4.147 Euro

Note that there are special regulations for electric vehicles.

a) General regulation for electric vehicles and plug-in hybrid vehicles

  • For private journeys, depending on the vehicle type (pure electric vehicle or externally chargeable plug-in hybrid vehicle) and the list price, 1.0 percent of half or a quarter of the list price is applied monthly as the private usage value. This applies to the purchase or leasing of an electric or plug-in hybrid vehicle between 1.1.2019 and 31.12.2030 (see below under 1b. and 1c.)
  • For purchases or leases before 1.1.2019, 1.0 percent of the full list price is applied monthly; however, a reduction by a flat-rate deduction (compensation for disadvantages) is made. In addition to pure electric vehicles, externally chargeable plug-in hybrid vehicles are also eligible (see below under 1d.)
  • The flat-rate deduction or compensation for disadvantages also applies to externally chargeable plug-in hybrid vehicles purchased or leased between 2020 and 2022 that do not meet the requirements for the reduced list price (see below under 1d.)
  • For journeys between home and work, a surcharge value is added: Normally with 0.03% of the halved or quartered list price per kilometre or - only for employees - with fewer than 15 journeys per month by individual assessment of the actual journeys with 0.002% of the halved or quartered list price per kilometre. This applies to the purchase or leasing of an electric or plug-in hybrid vehicle between 1.1.2019 and 31.12.2030. For purchases or leases of an electric or plug-in hybrid vehicle before 1.1.2019 or if the required standards are not met, the surcharge value is calculated from the full list price; however, a reduction by a flat-rate deduction is made.

The basis for calculating the usage value or withdrawal value is the domestic list price at the time of the vehicle's first registration plus the costs for special equipment including VAT. The list price is the manufacturer's non-binding price recommendation for the vehicle on the German market. The list price is rounded down to the nearest 100 EUR. This rounding is only done after deducting the flat-rate deduction.

b) Concession for pure electric vehicles until 2030

Emissions-free electric vehicles are to be given special concessions in company car taxation: For them, the percentage for the taxable private share is reduced from 0.5 percent to 0.25 percent. Technically, the measure is implemented by quartering the assessment basis. In the 1% flat-rate method, the list price is only applied at a quarter. Specifically, this means:

For pure electric company cars purchased between 1.1.2019 and 31.12.2030: If the vehicle has no carbon dioxide emissions per kilometre driven and the gross list price of the vehicle does not exceed 60.000 Euro, the list price is only applied at a quarter (§ 6 para. 1 no. 4 sentence 2 no. 3 and sentence 3 no. 3 EStG, introduced by the "Act on Further Tax Promotion of Electromobility and Amendment of Other Tax Regulations" of 12.12.2019; supplemented by the Second Corona Tax Assistance Act).

Initially, the limit for the gross list price was 40.000 Euro. This limit was then raised to 60.000 Euro with the Second Corona Tax Assistance Act. The new limit applies retroactively from 1.1.2020 for vehicles purchased, leased, or first made available for private use from 1.1.2019 (§ 52 para. 12 sentence 2 EStG).

If the list price of a pure electric vehicle exceeds 60.000 Euro, it is applied at half for the taxation of private use. It can be assumed that the legislator had the expensive Tesla models in mind with this limit, which they did not want to additionally promote. Here, the half assessment basis remains.

c) Gradual reduction of benefits for plug-in hybrid vehicles

For externally chargeable plug-in hybrid vehicles, the halved assessment basis generally applies for the taxation of private use. However, there is a gradual reduction of tax benefits or - in other words - a tightening of the conditions for tax advantages. Specifically, the following applies: 

  • For purchases between 1.1.2019 and 31.12.2021, the half assessment basis applies if the carbon dioxide emissions are a maximum of 50 grams per kilometre or the electric range is at least 40 kilometres ("Act to Prevent VAT Losses in Online Trading and Amend Other Tax Regulations" of 11.12.2018). These are the current requirements under § 3 para. 2 no. 1 or no. 2 of the Electromobility Act.
  • For purchases between 1.1.2022 and 31.12.2024, the half assessment basis applies if the carbon dioxide emissions are a maximum of 50 grams per kilometre or the electric range is at least 60 kilometres ("Act on Further Tax Promotion of Electromobility and Amendment of Other Tax Regulations" of 12.12.2019).
  • For purchases between 1.1.2025 and 31.12.2030, the half assessment basis applies if the carbon dioxide emissions are a maximum of 50 grams per kilometre or the electric range is at least 80 kilometres.

For vehicles that do not meet these requirements but have a higher gross list price than vehicles with a combustion engine, the previous regulation (compensation for disadvantages by reducing the gross list price by flat-rate amounts for the battery system) continues until 2022. This means: For purchases in 2019, the list price or acquisition costs are reduced by 200 Euro per kWh battery capacity, up to a maximum of 7.000 Euro. For purchases in 2022, the list price or acquisition costs are reduced by 50 Euro per kWh battery capacity, up to a maximum of 5.500 Euro.

d) Compensation for disadvantages in old cases and for vehicles that do not meet the requirements

For purchases or leases of an electric vehicle or plug-in hybrid vehicle before 1.1.2019 and for externally chargeable plug-in hybrid vehicles that do not meet the requirements mentioned under point 1c, there is a complicated calculation to determine the list price relevant for the one-percent rule: The (full) list price is to be reduced by a flat-rate deduction, limited to a maximum deduction amount, due to the costs for the battery system included in it (§ 6 para. 1 no. 4 sentence 2 EStG in conjunction with § 8 para. 2 sentence 2 EStG).

The reduction and maximum amount depend on the vehicle's year of purchase. The kWh value of the vehicle can be found in the registration certificate in field 22.

For purchases up to 31.12.2013, 500 Euro per kWh of battery capacity, max. 10.000 Euro, is deducted from the list price. These amounts decrease by 50 Euro per kWh or 500 Euro per year for purchases in subsequent years. The tax promotion applies to vehicles purchased by 31.12.2022 (§ 52 para. 16 sentence 11 EStG).

Important: The concession applies only to income tax, not to VAT.

(2022): Private vehicle use: (1) Flat-rate method for business use



Private vehicle use: (2) logbook method

With the logbook method, the value of private use can be calculated using the actual costs proportionate to private journeys. The taxable value of use is the part of the total costs for the company car that corresponds to the proportion of private journeys in the total mileage. To determine the private use share, you must keep a "proper" logbook in which all journeys are recorded without gaps. Enter the calculated value of use.

Private use value = Total costs x Private use share

Private use share = Kilometres driven privately (according to logbook) : Total mileage x 100

Note: Kilometres driven privately do not include journeys between home and work or journeys home as part of a second household.

Example: You drive 25,000 kilometres a year with the company car, of which 10,000 km are for private journeys according to the logbook. The total costs are 8,000 Euro (excluding VAT) per year.

The private share is: 10,000 km : 25,000 km x 100 = 40 %
The private use value is: 40 % of 8,000 Euro = 3,200 Euro.

The private use value determined using the logbook method is also subject to VAT (§ 3 Abs. 9a Nr. 1 UStG). You can deduct costs not subject to input tax from the total costs in the proven amount and only calculate VAT on the reduced value of use.

Costs not subject to input tax include operating costs such as car insurance, vehicle tax, broadcasting fee, garage rent, ADAC membership, and costs incurred abroad. Interest on loans is also included. Depreciation is also included if no input tax deduction was possible on the purchase costs, e.g. when buying privately or transferring from private assets.

 

Total costs (excluding VAT)
Private use share according to logbook: 40 %
Deduction of costs not subject to input tax
8,000 Euro

./. 1,000 Euro
3,200 Euro
Total costs with input tax
Private use share according to logbook
= 7,000 Euro
x 40 %
 
Basis for VAT
19 % of the basis
= 2,800 Euro
532 Euro

+ 532 Euro
To be taxed as business income   = 3,732 Euro

Please note that there are special regulations for electric and hybrid electric vehicles. In accordance with the halving or quartering of the assessment basis in the 1% flat-rate method, the depreciation (AfA) to be taken into account must be halved or quartered. If you use a leased or rented vehicle, the leasing or rental costs must be halved or quartered accordingly. This applies to the purchase or leasing of an electric or hybrid electric vehicle between 1 January 2019 and 31 December 2030. 

The exact regulation has unfortunately become very complex.

 

(2022): Private vehicle use: (2) logbook method



Private use of company car: (3) Pro rata value for business use of less than 50%

Wird das Fahrzeug zu weniger als 50 % und mehr als 10 % betrieblich genutzt, kann das Fahrzeug zwar weiterhin dem gewillkürten Betriebsvermögen zugeordnet werden. Doch die Privatnutzung ist seit 2006 mit dem sog. Teilwert zu ermitteln und zu versteuern (§ 6 Abs. 1 Nr. 4 Satz 2 EStG).

Das bedeutet: Der private Nutzungswert ist mit den anteiligen tatsächlichen Kosten anzusetzen - wie bei der Fahrtenbuchmethode. Allerdings muss der betriebliche bzw. private Nutzungsanteil nicht durch ein "ordnungsgemäßes" Fahrtenbuch mit seinen strengen Bedingungen nachgewiesen werden, sondern kann durch formlose Aufzeichnungen glaubhaft gemacht werden. Wie bei der Fahrtenbuchmethode tragen Sie den Nutzungswert in Zeile 19 und die zugehörige Umsatzsteuer in Zeile 16 ein.

Privater Nutzungswert    =   Gesamtkosten  x  Privater Nutzungsanteil

Privater Nutzungsanteil  =   Privat gefahrene Kilometer (lt. Aufzeichnungen)  :  Gesamtfahrleistung  x  100

So ermitteln Sie den Teilwert:

  • Zunächst rechnen Sie alle Fahrzeugkosten zusammen, z.B. Abschreibung, Versicherungsbeiträge, Kraftstoff (Benzin, Diesel, Benzinkosten, Tankkosten, Tankquittung, Tankfüllung, Tanken, Spritkosten), Kfz-Steuer, Inspektions- und Reparaturkosten usw. Diese sind als Betriebsausgaben absetzbar.
  • Dann ermitteln Sie den privaten Nutzungsanteil, indem Sie die gefahrenen Privatkilometer zur Gesamtfahrleistung ins Verhältnis setzen.
  • Schließlich multiplizieren Sie die Gesamtkosten mit dem privaten Nutzungsanteil. Der so ermittelte Wert stellt den Entnahmewert dar, der zu versteuern ist.
  • Da die 1 %-Methode nicht mehr zur Anwendung kommt, können auch die Fahrten zwischen Wohnung und Betrieb nicht mehr mit 0,03 % des Listenpreises oder die Heimfahrten im Rahmen der doppelten Haushaltsführung nicht mehr mit 0,002 % des Listenpreises von den Gesamtkosten abgezogen werden. Vielmehr müssen die Gesamtkosten um die anteiligen Kosten für diese Fahrten gekürzt werden. Im Gegenzug kann die Entfernungspauschale als Betriebsausgaben abgezogen werden.

(2022): Private use of company car: (3) Pro rata value for business use of less than 50%



Private vehicle use: (4) Cost ceiling with the flat-rate method

When applying the 1% flat-rate method, it may occur that the private usage value is higher than the actual vehicle costs. This is particularly possible if the vehicle has already been depreciated and therefore no depreciation can be applied, if it is a used vehicle, or if the vehicle is leased. In this case, cost capping may be considered (in line 19).

  • Actual costs include ongoing operating costs, depreciation, and interest on debt.
  • The total actual costs are first reduced by the travel allowance for journeys between home and work, as this deduction is generally available to you.
  • The remaining amount of the total costs is then compared with the flat-rate usage value and applied as cost capping.

Example:
For a company car with a list price of 40.000 Euro (including VAT), total costs of 6.000 Euro were incurred. The car was used on 200 days for journeys between home and work (distance 20 km).

1. Private usage share:
    1% x 40.000 Euro x 12 To be taxed as private withdrawal

4.800 Euro

2. Usage value for journeys home-work:
    0.03% x 40.000 Euro x 20 km x 12
    Non-deductible business expenses

+ 2.880 Euro
Flat-rate usage value according to the flat-rate method
    Actual total costs
     - reduced by travel allowance for journeys home-work:
     200 days x 30 km x 0.30 Euro =

= 7.680 Euro
6.000 Euro

./. 1.200 Euro

Maximum amount of flat-rate values

= 4.800 Euro

 

VAT: In the case of cost capping - if the private usage value according to the flat-rate method is limited to the total costs - you do not need to use the total costs as the basis for VAT, but proceed as follows:

  • First, deduct the costs that were not subject to input tax from the total costs. These are operating costs such as car insurance, car tax, broadcasting fee, garage rent, ADAC membership fee, and costs incurred abroad. Interest on debt is also included. Depreciation is also included if no input tax deduction was possible on the purchase costs, e.g. when buying from a private individual or transferring from private assets. What remains are the total costs with input tax.
  • Then determine the private usage share. You may estimate this based on suitable documents. If such documents are not available, you must set the private usage share at a minimum of 50%. Journeys between home and work are not part of the private share but the business share.
  • Finally, apply the total costs with input tax at the private usage share as the basis for VAT, and calculate 19% VAT on this.

 

Example:

The private usage value according to the flat-rate method is
The actual total costs are
Journeys between home-work, assumed
3.600 Euro
3.000 Euro
./. 1.100 Euro
 
Private usage value after cost capping
Deduction of costs not subject to input tax
= 1.900 Euro
./. 600 Euro
1.900,00 Euro
Total costs with input tax
Private usage share, estimated

= 1.300 Euro x 40%
 
Basis for VAT
19% of the basis
= 520 Euro
+ 98,80 Euro

To be taxed as business income

  = 1.998,80 Euro

 

Note: Some cash-basis taxpayers previously used the following tax model: They leased their company car, made a high special leasing payment in the first year, fully deducted it as a business expense, and then determined the private share using the 1% rule in the following years. Due to the so-called cost capping, this often resulted in only a very small private share for car use.

After the tax authorities and some tax courts had already rejected the model, the Federal Fiscal Court has now also refused to recognise the tax model (BFH rulings of 17.5.2022, VIII R 11/20, VIII R 21/20, VIII R 26/20). The following example illustrates the problem:

A freelancer leases a car with a gross list price of 120.000 Euro, starting in December 2015 (term 36 months). In the first year, a special payment of 30.000 Euro plus VAT is agreed. The monthly leasing rates are then only 350 Euro plus VAT. The freelancer calculates his profit using the cash method and fully deducts the special leasing payment in 2015 as a business expense. In 2016 and 2017, he chooses the 1% rule and would therefore have to tax 1% of the gross list price per month (annually 14.400 Euro) as a private withdrawal. However, he applies the cost capping and only taxes a private share of, for example, 6.000 Euro per year. This arrangement was regularly accepted by many tax offices in the past. However, at some point, the tax authorities found it "too much", as more and more self-employed individuals were exploiting it for tax purposes. As a result, the tax authorities decided not to accept the model further (OFD Karlsruhe, VASt Aktuell 6/2018 of 1.8.2018; decree of the Hamburg tax authority of 8.11.2018, S 2177- 2018/001 - 52).

For the example mentioned, this means: The special leasing payment must be spread over the term for the cost capping check. Therefore, in 2015, only 1/36 of the special leasing payment is to be included for cost capping purposes. In 2016, 12/36, in 2017 also 12/36, and in 2018 11/36 of the special leasing payment are to be applied. The cost capping in 2016 would therefore not be 6.000 Euro, but 6.000 Euro + 10.000 Euro = 16.000 Euro, so 14.400 Euro would be taxed as a private share. To avoid misunderstandings: The special leasing payment itself usually remains deductible as a business expense when paid; this is only about cost capping.

The Federal Fiscal Court considers the tax authorities' view to be correct. The cost capping regulation may be interpreted in the sense of the tax authorities. Any taxpayer who uses a company car for private purposes can also avoid the 1% rule by keeping a logbook.

(2022): Private vehicle use: (4) Cost ceiling with the flat-rate method



How is private use of a telephone correctly taken into account?

If you fully deduct telecommunications expenses, such as telephone, fax, and internet, as business expenses, you must determine the private usage share and record it as business income, as well as pay VAT on it.

The valuation of private withdrawals is based on the so-called partial value (§ 6 Abs. 1 Nr. 4 EStG). Partial value here refers to the actual cost price. However, as it is very difficult to accurately quantify the extent of private use, the proportionate telephone costs can be estimated (OFD Koblenz dated 10.1.2002, S 2121 A). In Baden-Wuerttemberg, for example, the tax authorities use a guideline value of 360 Euro per year for the private telephone share.

Alternatively, in our opinion, it is possible to only enter the business share of the telephone costs as business expenses and to completely forgo an entry under business income.

Traders, freelancers, and farmers are at a significant disadvantage compared to employees regarding private telephone use. For employees, the use of business telephones, fax machines, computers with internet is tax and social security-free, regardless of the extent of private use (§ 3 Nr. 45 EStG). Unfortunately, this generous tax exemption does not apply to the self-employed.

According to the tax authorities, applying this exemption would allow private expenses to be deliberately shifted into the tax-relevant business area, thereby obtaining unjustified tax relief (BMF letter dated 6.5.2002, DStR 2002 p. 999). This view has been confirmed by the Federal Fiscal Court (BFH ruling dated 21.6.2006, XI R 50/05).

Municipal office holders (council members, district councillors) are better off from 2015 if the district or municipality provides them with tablet PCs or similar devices: From 2015, the private use of data processing and telecommunications devices is also tax-free for persons performing voluntary public service and receiving an expense allowance from public funds in accordance with § 3 Nr. 12 EStG (§ 3 Nr. 45 Satz 2 EStG).

(2022): How is private use of a telephone correctly taken into account?



How should private withdrawals of goods be valued?

If you withdraw business goods and fixed assets for private purposes, please state the corresponding book value. The same applies to non-cash benefits to employees of the company, unless they are tokens of appreciation with a value of less than 60 EUR. 

In certain industries, the withdrawal of foodstuffs for private consumption can be calculated using flat rates. These are announced by the tax authorities and eliminate the need to record a large number of individual withdrawals. The flat rates are annual values for one person. For children up to the age of 2, no flat rate is applied; up to the age of 12, half of the respective value is to be applied.

(2022): How should private withdrawals of goods be valued?


Field help

Private usage of vehicles
You have declared income for private vehicle use:

Specify the private value of car usage as operating income, if you have a car belonging to your business assets, which you also use for private purposes.

For a detailed explanation of the tax-related handling of company cars in a tax return using the net income method, please consult our advice sheets.

Are tax-free revenues included in the above-mentioned operating income?

If the operating income already entered also includes tax-free income, select "yes".

The income includes

  • Income from secondary occupation (e.g. as a trainer) according to sect. 3 no. 26, 26a, 26b of the Income Tax Act (EStG)
  • Income according to sect. 3 of the Income Tax Act (EStG)(without no. 26, 26a, 26b and partial income procedure)
  • Tax-free reorganisation gains according to sect. 3a of the Income Tax Act (EStG)
... tax-free operating income included therein

The income includes

  • Income from secondary occupation (e.g. as a trainer) according to sect. 3 no. 26, 26a, 26b of the Income Tax Act (EStG)
  • Income according to sect. 3 of the Income Tax Act (EStG)(without no. 26, 26a, 26b and partial income procedure)
  • Tax-free reorganisation gains according to sect. 3a of the Income Tax Act (EStG)
Did you receive or repay Corona aid or the like for your business in 2022?
Did you receive or repay Corona aid or the like for your business in 2022?
Are corona aid, interim aid or similar subsidies included in the VAT-exempt operating income?
As an owner of a small business, are corona aid, interim aid or similar subsidies included in the operating income?
Did you receive or repay Corona aid or the like for your business in 2022?
Did you receive or repay Corona aid or the like for your business in 2022?
Are corona aid, interim aid or similar subsidies included in the VAT-exempt operating income?
As an owner of a small business, are corona aid, interim aid or similar subsidies included in the operating income?

If you have received or paid back Corona aid, interim aid or similar subsidies for your business, select "yes".

On the basis of various legal bases, the federal government and the federal states provide

  • Immediate federal assistance for small businesses, solo self-employed and members of the freelance professions (freie Berufe) to mitigate the financial hardship of these businesses due to the Corona crisis,
  • Interim aid from the Federal Government for small and medium-sized enterprises, self-employed persons and members of the freelance professions who have to or have had to discontinue all or significant parts of their business operations as a result of the Corona crisis, or
  • Other immediate assistance, interim aid or similar equity payments by the Federal Government or the respective federal state for companies, self-employed persons and members of the freelance professions as a result of the Corona crisis.

These corona subsidies are taxable operating income. Since no tax exemption applies to corona subsidies usually, they increase the profit.

The Corona subsidies are to be reported as taxable business income when determining the profit according to sect. 4 para. 1 Income Tax Act (EStG), if applicable in conjunction with sect. 5 Income Tax Act (EStG) (e-balance sheet) or according to sect. 4 para. 3 Income Tax Act (EStG) (Form EÜR). When determining profits according to sect. 13a Income Tax Act (EStG), the Corona subsidies are settled by the basic amount.

Total immediate assistance (Soforthilfe) received and repaid
Total immediate assistance (Soforthilfe) received and repaid
Total immediate assistance (Soforthilfe) received
The sum of immediate aid received as an owner of a small business

Enter here the amount of received Corona aid, interim aid or similar subsidies for your business.

If you have already received aid due to the Corona pandemic in 2020 or 2021 and had to repay it in 2022, the repayments belong to the business expenses. Enter the amounts repaid in the section "Other unrestricted deductible business expenses".

On the basis of various legal bases, the federal government and the federal states provide

  • Immediate federal assistance for small businesses, solo self-employed and members of the freelance professions (freie Berufe) to mitigate the financial hardship of these businesses due to the Corona crisis,
  • Interim aid from the Federal Government for small and medium-sized enterprises, self-employed persons and members of the freelance professions who have to or have had to discontinue all or significant parts of their business operations as a result of the Corona crisis, or
  • Other immediate assistance, interim aid or similar equity payments by the Federal Government or the respective federal state for companies, self-employed persons and members of the freelance professions as a result of the Corona crisis.

These corona subsidies are taxable operating income. Since no tax exemption applies to corona subsidies usually, they increase your income.

The Corona subsidies are to be reported as taxable business income when determining the profit according to sect. 4 para. 1 Income Tax Act (EStG), if applicable in conjunction with sect. 5 Income Tax Act (EStG) (e-balance sheet) or according to sect. 4 para. 3 Income Tax Act (EStG) (Form EÜR). When determining profits according to sect. 13a Income Tax Act (EStG), the Corona subsidies are settled by the basic amount.

Operating income as a small business owner subject to VAT tax (according to sect. 19 para. 1 Value Added Tax Act (UStG)

Small businesses that make use of the small business regulation for VAT purposes must enter the gross amount of their operating income here. Only enter your actual turnover and not any "notional" income, such as the private share of the company car.

You can choose the small business regulation for VAT received if your gross turnover in the previous year was not higher than 22.000 Euro and in the current year is not expected to be higher than 50.000 Euro (§ 19 paragraph 1 Value Added Tax Act (UStG). As a result of the small business regulation, you

  • May not display VAT separately in your outgoing invoices,
  • Do not need to pay VAT received to the tax office,
  • May not claim for the VAT paid in your incoming invoices from the tax office,
  • May not specify the VAT rate on invoices for small amounts of up to 250 Euro.

Important note: a VAT statement or the specification of VAT on invoices for small amounts would be considered as an unjustified statement of VAT. The consequence would be that you would have to pay the VAT received to the tax office and the invoice recipient would not be able to deduct the tax as VAT paid.

  thereof revenue according to § 19 para. 3 no. 1 and no. 2 Value Added Act (UStG)

Total turnover for owners of small businesses is the sum of their taxable turnover - but excluding certain tax-free turnover (pursuant to sect. 19, para. 3, no. 1 and 2 of the Value Added Tax Act (UStG)). If such tax-free turnover has been generated, it must be stated separately here. The decisive factor for the small business turnover limit is then the total turnover minus these tax-free turnover amounts.

VAT-free according to sect. 19, para. 3, no. 1 and 2 of the Value Added Tax Act (UStG) is, for example, turnover

  • From work as a building society representative, insurance agent and insurance broker (pursuant to sect. 4, no. 11 of the Value Added Tax Act (UStG)
  • From renting and leasing real estate (pursuant to sect. 4, no. 12 of the Value Added Tax Act (UStG))
  • From work as a doctor, dentist, alternative practitioner, physiotherapist, midwife or from a similar occupation in the field of medicine (according to sect. 4, no. 14a of the Value Added Tax Act (UStG))
  • From work as an independent teacher (according to sect. 4, no. 21b of the Value Added Tax Act (UStG))
  • From voluntary work for a legal entity under public law (pursuant to sect. 4, no. 26 of the Value Added Tax Act (UStG)).
Total amount

Hier ist eine Eingabe nur notwendig für Land- und Forstwirte, deren Umsätze nicht nach den allgemeinen Vorschriften zu versteuern sind, sondern nach Durchschnittssätzen. Für Sie gilt ein ermäßigter Durchschnittssteuersatz für verschiedene Umsätze von 5,5 % oder 10,7 % und eine Vorsteuerpauschale von ebenfalls 5,5 oder 10,7 %. Der für den Umsatz maßgebliche Durchschnittssteuersatz muss auf der Rechnung zusätzlich angegeben werden (§ 24 UStG).

Tragen Sie hier Ihre Betriebseinnahmen mit Bruttowerten ein. Sie dürfen die Vorsteuerpauschale nicht von Ihrer Umsatzsteuerschuld abziehen, also nicht als Betriebsausgaben absetzen und deshalb auch nicht bei den Betriebsausgaben ("Gezahlte Vorsteuerbeträge") eintragen.

Durch diese Regelungen gleichen sich mithin Steuer und Vorsteuer aus, sodass der Landwirt im Ergebnis für diese Umsätze keine Umsatzsteuer zu entrichten hat.

Wichtig: Falls Sie Umsätze erzielen, die dem allgemeinen Umsatzsteuersatz von 19 % oder dem ermäßigten Umsatzsteuersatz von 7 % unterliegen, dürfen Sie die Umsätze hier nicht eintragen.

Hinweis: Die Einnahmen aus der Verpachtung eines landwirtschaftlichen (Teil-)Betriebes und Verpachtung der Milchquote sind nicht mit dem Durchschnittssatz zu versteuern, sondern mit dem allgemeinen Umsatzsteuersatz (BFH-Urteil vom 25.11.2004, BStBl. 2005 II S. 896).

Operating income subject to VAT

Enter all operating income subject to VAT received with net amounts (i.e. income without value added tax) here, regardless of whether it is subject to the general value added tax rate of 19% or the reduced value added tax rate of 7%.

VAT received on operating income is to be stated separately in the line "VAT collected". Income from the sale of fixed assets, e.g. a company car, is included in the line "Sale or withdrawal of fixed assets".

Note: The reduced VAT rate of 7% applies to certain turnover which is listed in section 12 para. 2 Value Aded Tax Act (UStG).

Operating income exempt from VAT

Please specify the operating income which is either exempt from VAT or is not VAT-taxable as listed in sect. 4 Value Added Tax Act (UStG):

  • Exempt from VAT according to sect. 4 Value Added Tax Act (UStG) are, for example, interest, rental income and the services of doctors, dentists, naturopaths (qualified as Heilpraktiker), physiotherapists, midwives, insurance representatives and brokers, representatives of building societies, credit brokers, voluntary workers for a public corporation.
  • Not VAT-taxable are, for example, foreign turnover, income as compensation, from insurance benefits, compensation, reminder fees received and interest on arrears, public subsidies such as forest subsidies, subsidies for land consolidation or other subsidies.

Furthermore, operating income with reverse tax liability (sect. 13b Value Added Tax Act (UStG)) for which the recipient of the service owes the VAT due to the so-called reversal of tax liability (sect. 13b Value Added Tax Act (UStG)) must be specified here. In this case, as a service provider, you do not have to pay the VAT to the tax office and are therefore not allowed to show it in your invoice to the client. The reverse charge applies to the following services:

  • Services which are subject to the Land Transfer Tax Law (Grunderwerbssteuergesetz), in particular
  • Sale of developed and undeveloped land,
  • Ordering and transfer of heritable building rights,
  • Transfer of co-ownership shares in a property,
  • Delivery of buildings erected on third-party land after the end of the rental or lease period (ground lease).
  • Construction services that you perform for another contractor, i.e. for work deliveries and other services that serve the production, repair, maintenance, modification or removal of buildings. The reversal of tax liability only applies to companies in the construction sector, i.e. to tradespeople and companies that provide construction services themselves. The obligation to pay also exists if such companies purchase services for their private use.

A reversed tax liability has existed for a longer time for entrepreneurs and legal entities under public law as recipients of services of

  • Work supplies and other services of an entrepreneur domiciled abroad.
  • Deliveries of objects assigned as collateral by the collateral provider to the secured party

outside of insolvency proceedings.

For example, as a German entrepreneur you owe VAT for the services provided by "Google" in connection with the so-called "Adwords" campaigns.

VAT collected and VAT on withdrawals

Specify the VAT amounts collected from the operating income.

These amounts belong to the operating income at the moment of their collection or formation. Please also specify here any VAT which you invoiced that was either too high or unjustified.

(1) The VAT collected
Specify the VAT from your outgoing invoices. This could be 7% or 19% (or 5% or 16% from invoices issued in the 2nd half of Corona year 2020). The net turnover is included in the "operating income subject to VAT". Also specify any VAT here which arises from the sale of fixed asset items e.g. the sale of a company car. The net proceeds are included in the line "sale or withdrawal of fixed assets".

Not included: VAT, which was invoiced during the year but which has not yet been paid. VAT which will be reimbursed by the tax office is not specified here, but separately in line "VAT reimbursed and possibly offset by the tax office" recorded.

(2) VAT on free withdrawal of assets
The free withdrawal of assets is a withdrawal for private use. This type of withdrawal is the use of business assets or services for purposes other than those connected with the business. Since the costs are recorded as operating expenses, the private withdrawals must be recorded as operating income and tax on them paid. The benefit of this is therefore cancelled out due to the deduction of VAT paid on goods/services.

Total business income

The total operating income will be transferred to the profit calculation page to determine the profit or loss.

VAT refunded by the tax office

Specify the VAT amounts which the tax office refunded as a result of your advance VAT returns and your final VAT returns. The same applies if the tax office has offset these refunds against other tax liabilities.

Important: The VAT you have paid must be specified in the operating expenses.
Sale or withdrawal of fixed assets

Specify the whole proceeds from sale or partial value without VAT as received upon disposal or removal of fixed asset items e.g. company cars, computers or machines.

The deduction of the residual book value as an expense is recorded in the operating expenses. Farmers and foresters, who are subject to taxation based on average rates, specify gross values here.

Note: Withdrawals are to be specified with their partial value. A partial value is an estimate, stipulated as the "amount that a purchaser of the whole business would calculate for individual items as part of the total purchase price" (section 6 para. 1 no. 1 EStG (Income Tax Act)). It is assumed that the purchaser would continue to operate the business. The part value is generally the commercial value or market value.

Value added tax must be calculated and added to the sales proceeds or withdrawal value and entered as operating income:

  • In the case of a sale, VAT is always to be added, even then if the asset item was acquired without deduction of VAT paid e.g. when buying privately or deposits from private assets.
  • In the case of a withdrawal from the business assets, VAT must only be added and specified in line 16 of the operating income if the asset was acquired with deduction of VAT paid (section 3 para. 1 b no. 1 UStG (Value Added Tax Act)).
Other withdrawal of property, usage and services

Specify the private shares of property, use and service withdrawals e.g. withdrawal of goods, private telephone use, private use of company equipment, performance of work on private land by employees of the business.

These are so-called free withdrawals of assets or withdrawals for private use. Private withdrawals are generally recorded with their partial value. Expense withdrawals are calculated at the cost price.

Note: A partial value is an estimate, stipulated as the "amount that a purchaser of the whole business would calculate for individual items as part of the total purchase price" (section 6 para. 1 no. 1 EStG (Income Tax Act)). It is assumed that the purchaser would continue to operate the business. The part value is generally the commercial value or market value.

Since the costs are entered as operating expenses, the private withdrawals must be recorded as net operating income amounts and VAT paid on these. The VAT attributable to the private share is to be recorded in line 16.

The requirement for this recording and taxing of private withdrawals is that the items in question were previously allocated to the company and charged with VAT paid on goods/services. This allocation is mainly documented by the previous deduction of VAT on goods/services. Therefore, if an item which was acquired privately, without VAT, is later withdrawn from the business assets, no VAT will be payable on this withdrawal.

THe following are to be recorded as private withdrawals:

  • Transfer of fixed asset items to private assets e.g. company cars, computers, machinery.
  • Private usage share of a vehicle which is assigned to the business assets.
  • Private usage share of a company telephone or telephone line.
  • Private use of part of the company building.
  • Withdrawal of goods and objects at the relevant book value.
  • Gratuitous noncash benefits to employees of the company, provided these are not small gifts with a value below 40 Euros.
  • Other usage and service withdrawals e.g. use of company employees for private work.
  • Cash withdrawals e.g. privately commissioned cash withdrawals from the business bank account of payment from the business petty cash.
Dissolution of reserves for replacement purchases
Notes about reserves

If reserves are dissolved, this generates operating income. This also applies to any profit margin on depreciation on savings.

You must therefore specify the total amount from the dissolution of the various reserves according to section 6c in conjunction with section 6b Income Tax Act (EstG) or according to R 6.6 of Income Tax Guidelines (EStR).

Reversal of adjustment items
Notes about adjustment items

If adjustment items are dissolved in accordance with section 4g Income Tax Act (EStG), this generates operating income.

You must, therefore, specify the total amount from the dissolution of the various adjustment items here.


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