Tax in Germany
   HOME

TheInfoList



OR:

Taxes in Germany are levied by the federal government, the states (''
Länder Länder (singular Land) or Bundesländer (singular Bundesland) is the name for (federal) states in two German-speaking countries. It may more specifically refer to: * States of Austria, the nine federal subdivisions of Austria * States of Germany ...
'') as well as the municipalities ('' Städte/Gemeinden''). Many direct and indirect taxes exist in
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
;
income tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
and
VAT A value-added tax (VAT), known in some countries as a goods and services tax (GST), is a type of tax that is assessed incrementally. It is levied on the price of a product or service at each stage of production, distribution, or sale to the en ...
are the most significant. The legal basis for taxation is established in the
German Constitution The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Germany, Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 an ...
(german: label=none, Grundgesetz), which lays out the basic principles governing tax law. Most taxation is decided by the federal government and the states together, some are allocated solely at the federal level (e.g., customs), some are allocated to the states (excise taxes), and districts and municipalities may enact their own tax laws. Notwithstanding the division of tax law jurisdiction, in practice, 95% of all taxes are imposed at the federal level. At the federal level, the government receives tax revenues from residents in the form of individual income tax, property
sales taxes A sales tax is a tax paid to a governing body for the sales of certain goods and services. Usually laws allow the seller to collect funds for the tax from the consumer at the point of purchase. When a tax on goods or services is paid to a gover ...
, and
capital gains Capital gain is an economic concept defined as the profit earned on the sale of an asset which has increased in value over the holding period. An asset may include tangible property, a car, a business, or intangible property such as shares ...
. The amount of federal tax liability may be reduced by various deductions, and mitigated by various allowances for children. Some non-residents are liable in Germany if they have certain types of income there. Generally,
public In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichk ...
and private corporations are liable for taxes in Germany, with certain exemptions such as
charitable foundation A foundation (also a charitable foundation) is a category of nonprofit organization or charitable trust that typically provides funding and support for other charitable organizations through grants, but may also engage directly in charitable act ...
s and religious institutions.
Products Product may refer to: Business * Product (business), an item that serves as a solution to a specific consumer problem. * Product (project management), a deliverable or set of deliverables that contribute to a business solution Mathematics * Produ ...
and
services Service may refer to: Activities * Administrative service, a required part of the workload of university faculty * Civil service, the body of employees of a government * Community service, volunteer service for the benefit of a community or a p ...
generated in Germany are subject to
value-added tax A value-added tax (VAT), known in some countries as a goods and services tax (GST), is a type of tax that is assessed incrementally. It is levied on the price of a product or service at each stage of production, distribution, or sale to the en ...
(VAT) under EU rules, with certain exemptions. Other types of tax revenue include real property transfers,
inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officia ...
and gift taxes,
capital gains Capital gain is an economic concept defined as the profit earned on the sale of an asset which has increased in value over the holding period. An asset may include tangible property, a car, a business, or intangible property such as shares ...
,
aviation Aviation includes the activities surrounding mechanical flight and the aircraft industry. ''Aircraft'' includes fixed-wing and rotary-wing types, morphable wings, wing-less lifting bodies, as well as lighter-than-air craft such as hot a ...
, and motor vehicle taxes.


Terminology and concepts

The German word for tax is '' Steuer'' which originates from the
Old High German Old High German (OHG; german: Althochdeutsch (Ahd.)) is the earliest stage of the German language, conventionally covering the period from around 750 to 1050. There is no standardised or supra-regional form of German at this period, and Old High ...
noun meaning 'support'. The general definition of the term "tax" is contained in the first sentence of paragraph 3(1) of the Tax Code: "Taxes are monetary payments that do not constitute consideration for a particular service and are imposed by a public authority for the purpose of generating revenue on all those who meet the criteria to which the law attaches the obligation to pay; the generation of revenue may be an ancillary purpose

The (lit. 'Basic Law') is the common term for the German Constitution in German, known in full as the german: label=none , Grundgesetz für die Bundesrepublik Deutschland, or '
Basic Law for the Federal Republic of Germany The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 and came in ...
'. General legal or administrative jurisdictions in Germany fall roughly into four levels: federal (german: label=none, Bund),
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
(,
plural The plural (sometimes abbreviated pl., pl, or ), in many languages, is one of the values of the grammatical category of number. The plural of a noun typically denotes a quantity greater than the default quantity represented by that noun. This de ...
),
district A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or county, counties, several municipality, municipa ...
(, plural ), and
municipality A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
(, plural ), and tax authority follows this same pattern, although it is concentrated chiefly at the federal and state level. The fiscal administration (), also known as tax administration: german: label=none, Steuerverwaltung) in Germany is the part of
public administration Public Administration (a form of governance) or Public Policy and Administration (an academic discipline) is the implementation of public policy, administration of government establishment (public governance), management of non-profit est ...
which is responsible for the determination and collection of taxes. The Federal Central Tax Office (, or BZSt) is the federal agency responsible for administering certain sections of the country's tax code. It was spun off from the Federal Ministry of Finance in 2006.


Taxation principles

The German Constitution lays down the principles governing taxation in the following articles: * The ability-to-pay principle: When calculating the tax liability, the taxpayer may claim tax-reducing personal characteristics, e.g. special expenses, extraordinary burdens. The ability-to-pay principle includes vertical tax equity, which means that everyone should be taxed according to their ability to pay. Everyone should bear the tax burden to the extent that they are able to do so. This is also the reason for progressive taxation. * Equality in taxation Tax equity intends the vertical and horizontal tax equity. Horizontal tax equity implies that taxpayers with the same level of income should be taxed equally. Vertical tax equity implies that taxpayers with different incomes should be taxed according to their ability to pa

* The lawfulness of taxation * The welfare state principle The right to decide on taxes is subdivided: * The federation has the right on customs. (Constitution, Art. 105 para. 1) * The federation and the states decide together on most of the tax law. Formally, the states can decide that there is no federal law. In practice, there are federal laws for all taxation issues. (Art. 105 para. 2 ) * The states decide on local
excise file:Lincoln Beer Stamp 1871.JPG, upright=1.2, 1871 U.S. Revenue stamp for 1/6 barrel of beer. Brewers would receive the stamp sheets, cut them into individual stamps, cancel them, and paste them over the Bunghole, bung of the beer barrel so when ...
taxes. (Constitution, Art. 105 para. 2a) * The municipalities and the districts () can decide on some minor local taxes like the taxation of dogs (). So even if Germany is a federal state, 95% of all taxes are imposed on a federal level. The income of these taxes is allocated by the federation and the states as following (Constitution, Art. 106): * The federation receives exclusively the revenue of: ** Customs ** Taxes on alcopops, cars, distilled beverages, coffee, mineral oil products, sparkling wine, electricity, tobacco, and insurance ** Supplement on income taxes so-called solidarity surcharge () * The states receive exclusively the revenue of: ** Inheritance tax, real property transfer tax ** Taxes on beer and gambling **
Fire protection Fire protection is the study and practice of mitigating the unwanted effects of potentially destructive fires. It involves the study of the behaviour, compartmentalisation, suppression and investigation of fire and its related emergencies, as we ...
tax * The municipalities and/or districts receive exclusively the revenue of: ** Real property tax ** Taxes on other beverages, dogs, and inns. Most of the revenue is earned by income tax and VAT. The revenues of these taxes are distributed between the federation and the states by quota. The municipalities receive a part of the income of the states. In addition, there is a compensation between rich and poor states (Constitution, Art. 107).


Structure and basic information


Administration

Germany's fiscal administration is divided into federal tax authorities and state tax authorities. The local tax offices (, plural ) belong to the latter. They administer the "shared taxes" for the federation and the states and process the tax returns. The number of tax offices in Germany totals around 650. As a result of discussions in 2006 and 2009 between federation and states (the so-called '), the Federation also administers some taxes. The competent authority is the Federal Central Tax Office (german: label=none, Bundeszentralamt für Steuern, or ''BZSt'') which is also competent authority for certain applications of tax refund from abroad. Since 2009, the BZSt allocates an identification number for tax purposes to every taxable person.


Jurisdiction

There is normally at least one finance court in every
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
(Berlin and Brandenburg share a court, in
Cottbus Cottbus (; Lower Sorbian: ''Chóśebuz'' ; Polish: Chociebuż) is a university city and the second-largest city in Brandenburg, Germany. Situated around southeast of Berlin, on the River Spree, Cottbus is also a major railway junction with exte ...
). Appeal instance is the
Federal Finance Court of Germany The Federal Fiscal Court (''Bundesfinanzhof'') is one of five federal supreme courts of Germany, established according to Article 95 of the Basic Law. It is the federal court of appeal for tax and customs matters in cases which have already bee ...
() in Munich.


Fiscal code

The common rules and procedures applying to all taxes are contained in the fiscal code () as so-called general tax law. The individual tax laws regulate in which case tax is incurred. The German Fiscal Code (Abgabenordnung, AO) is divided into nine parts, which essentially reflect the chronological sequence of the taxation procedure. The introductory provisions explain the basic tax concepts that apply to all taxes.


Tax identification numbers

From 2009 onward, every German resident receives a personal tax identification number. In the coming years, businesses will be receiving a business identification number. The competent authority is the Federal Central Tax Office ().


Tax revenue

In 2014, German
tax revenue Tax revenue is the income that is collected by governments through taxation. Taxation is the primary source of government revenue. Revenue may be extracted from sources such as individuals, public enterprises, trade, royalties on natural resour ...
totaled €593 billion. Federal, state and local tax revenues (excluding municipal taxes) increased by a total of 11.5 percent to EUR 761.0 billion in fiscal year 2021 compared with fiscal year 2020. This exceptionally strong growth was due to the pandemic-related decline in the previous year. Community taxes made up the largest share of the total at EUR 626.0 billion, or 82.3 percent. Compared with the previous year, they increased by 15.0 percent or EUR 81.8 billion. The main contributors were taxes on sales (+31.3 billion euros) and income- and profit-related tax types such as corporate income tax (+17.9 billion euros), assessed income tax (+13.4 billion euros) and payroll tax (+9.1 billion euros

Tax revenue is distributed to
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
's three levels of government: the federation, the states, and the municipalities. All of these are jointly entitled to the most important types of tax (i.e.,
value-added tax A value-added tax (VAT), known in some countries as a goods and services tax (GST), is a type of tax that is assessed incrementally. It is levied on the price of a product or service at each stage of production, distribution, or sale to the en ...
and
income tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
). For this reason, these taxes are also known as shared taxes. Tax revenue is distributed proportionately using a formula prescribed in the German Constitution.


Taxes on income


Income tax for residents

Individuals who are residents in Germany or have their normal place of abode there have full income tax liability. This type of tax liability is known as unlimited tax liability and is based on the definition of habitual residence. A person is resident where he or she stays under circumstances that indicate that he or she is staying at that place or in that area on more than a temporary basis. Habitual residence within the scope of the Tax Act shall always be deemed to be a continuous stay of more than six months from the beginning; short-term interruptions shall not be taken into consideration. This is clarified in paragraph 9 of the Tax Code. All the income earned by these persons both at home and abroad is subject to German tax (principle of world income). The principle of world income indicates that the taxpayer's taxation extends to all their world income, regardless of where the income was earned. The principle is stated in the Income Tax Guidelines (EStR). The Income Tax Guidelines (EStR) are not binding on the taxpayer, but only on the tax authorities. Persons who neither have a residence in Germany nor stay in Germany for more than 183 days, but who receive certain domestic income pursuant to Section 49 income tax law (EStG), have limited income tax liability subject to Section 1 (4) income tax law (EStG).


Types of income

For the purposes of charging income tax in Germany, earnings are divided into seven different types of income. A distinction is made between: :*Income from agriculture and forestry :*Income from business operations :*Income from self-employed work :*Income from employed work :*Income from capital :*Income from letting property :*Miscellaneous income. If a taxpayer's income does not fall into any of these categories, then it is not subject to income tax. This includes winnings at a lottery, for example.


Income tax

The rate of income tax in Germany ranges from 0% to 45%. The German income tax is a
progressive tax A progressive tax is a tax in which the tax rate increases as the taxable amount increases.Sommerfeld, Ray M., Silvia A. Madeo, Kenneth E. Anderson, Betty R. Jackson (1992), ''Concepts of Taxation'', Dryden Press: Fort Worth, TX The term ''progre ...
, which means that the
average tax rate In a tax system, the tax rate is the ratio (usually expressed as a percentage) at which a business or person is taxed. There are several methods used to present a tax rate: statutory, average, marginal, and effective. These rates can also be ...
(i.e., the ratio of tax and taxable income) increases monotonically with increasing
taxable income Taxable income refers to the base upon which an income tax system imposes tax. In other words, the income over which the government imposed tax. Generally, it includes some or all items of income and is reduced by expenses and other deductions. Th ...
. Moreover, the German taxation system warrants that an increase in taxable income never results in a decrease of the net income after taxation. The latter property is due to the fact that the
marginal tax rate In a tax system, the tax rate is the ratio (usually expressed as a percentage) at which a business or person is taxed. There are several methods used to present a tax rate: statutory, average, marginal, and effective. These rates can also be ...
(i.e., the tax paid on one euro additional taxable income) is always below 100%. The marginal tax rate brackets and the resulting average tax rate of the income tax are depicted in the graph to the right; in the 14-24% and 24-42% brackets, the rate increases linearly with income within the bracket. The tax liability of married couples who file jointly is assessed on half their total income, and the result from applying the tax tariff is multiplied by two afterwards. Due to the progressive tax schedule, this always more favorable than taxing each spouse separately. This splitting advantage increases with the income difference between both spouses. The assessment basis for income tax is the taxable income. The calculations are governed by the income tax scale. Every year, an income tax table is compiled that shows employees the amount of income tax deducted briefly. This is regulated in §32a EStG (Income Tax Act). There is a distinction between the wage tax and the income tax in German income tax legislation. The wage tax is a collection form of the income tax. The wage tax is levied for all employees. As soon as further income is added or income from a self-employed activity is present, one speaks of income tax. This is due to the different designations "wage" for employees and "income" for all other income. Income tax comprises a total of seven types of income, including salaries and income from freelance and self-employed activities. Wage tax and capital gains tax are therefore not independent types of tax, but collection forms of income tax. One additional fact about the income tax system in Germany is that it is assessed on the net income of an individual or married couple, which includes a deduction for the social security contributions they pay. In 2019, this averages somewhere around 19.7% of personal income. So, in reality, the marginal tax rates displayed below only apply to ~80.3% of the income of an individual up to 55,960 euros. This in turn decreases the income tax liability for the average employee by around 4%, although it still is possible to pay an effective rate of nearly 45% if one's income is high enough. Finally, there is a tax refund that averages around 1000 euros. As an employee, you can declare income-related expenses in your tax declaration. These are "expenses incurred to acquire, secure and maintain income" (Section 9 (1) sentence 1 of the German Income Tax Act, EStG). These include "all expenses caused by the occupation" (R 9.1 para. 1 sentence 1 Wage Tax Guidelines, LStR). This means that expenses incurred due to a profession can be claimed in the tax return. Specifically, these can be the following expenses, among others: work equipment, job application costs, costs for work and official clothing (if this is typical work clothing e.g. doctor's coat, safety shoes or uniforms), contributions to professional associations, account management fees and expenses for travel between home and the first place of work. The employee lump sum is only available for income from non-self-employment. It cannot therefore be applied to income from self-employment, renting or leasing.


=Solidarity surcharge

= On top of income tax, the so-called solidarity surcharge ( or ) is levied at a rate of 5.5% of the income tax for higher incomes. The solidarity surcharge was introduced in 1991 and, since 1995, has been justified with the additional costs of the German reunification. These include the debts and pension obligations of the East German government, as well as the costs of upgrading infrastructure and environmental remediation in the
new states of Germany The new states of Germany () are the five re-established states of the former German Democratic Republic (GDR) that unified with the Federal Republic of Germany (FRG) with its 10 states upon German reunification on 3 October 1990. The new st ...
. Since 2021 the solidarity surcharge has been scaled back considerably. From January 2021 onwards, up to €16,956 (€33,912 for married couples) annual income tax, no solidarity surcharge is levied (previously: €972/€1,944). This means up to a yearly income of €62,127 (€124,255 for married couples) no surcharge is levied. Above this threshold, the solidarity surcharge rate averages at 5.5%. For example, if €10,000 income tax result from a certain annual taxable income, a solidarity surcharge of €550 will be levied on top. As a result, the tax payer owes the taxation office €10,550. The solidarity surcharge was introduced as a supplementary tax to income tax and corporate income tax and must in principle be paid by all employed persons. The reasons for the introduction of the solidarity surcharge were financial compensation for: * Additional burdens from the Gulf conflict * Structurally weak countries in Central, Eastern and Southern Europe * Costs of German unification / reunification


=Tax on benefits in kind

= Every individual has to pay for any perks or benefits they receive from an employer, which includes, for example, the use of a car. This applies to private car usage too if the car is owned by a company or a self-employed individual. In the case of cars, this is based on either a log-book method or a flat-rate method, which depends on the gross-list-price of a car rounded down to the next 100 EUR. This means the original list-price without any reduction or discount at the time of first original use, whether or not the car is used or some years old. VAT and every extra features (e.g. GPS, leather seats etc.) need to be included. Tax is paid on one per cent of this basis as the taxable amount every month. Example: Gross-list-price: 45,000 EUR Additional taxable income: 450 EUR each month (e.g. 30% tax rate causes 125 EUR tax payable)


Withholding taxes

Tax on income from employed work and tax on capital income are both retained by being deducted at source (
pay-as-you-earn tax A pay-as-you-earn tax (PAYE), or pay-as-you-go (PAYG) in Australia, is a withholding of taxes on income payments to employees. Amounts withheld are treated as advance payments of income tax due. They are refundable to the extent they exceed tax as ...
, wages tax, or
withholding tax Tax withholding, also known as tax retention, Pay-as-You-Go, Pay-as-You-Earn, Tax deduction at source or a ''Prélèvement à la source'', is income tax paid to the government by the payer of the income rather than by the recipient of the income ...
). Here, an amount of tax is retained directly by the employer or by the bank before the earnings are paid out. The taxation at source for employment income will be carried out based in taxation classes based on the personal status. The tax classes essentially differ by the exemption threshold that is applied. Married couples face a decision of opting for a combination of classes III/V or IV/IV. In the former case, the spouse with higher earnings receives the twice the basic exemption rate, while the second earner is taxed at very low earnings. In the latter case, both spouses are taxed based on the standard exemption rate. The choice of tax classes only matters for the withholding tax and hence for the income that is immediately at disposal. After the income tax assessment, which happens a few months after the tax year has ended, the tax rebate is not affected by the choice of tax class. Beyond, employers are also liable to deduct the contributions to the social security system at source. Taxation classes (tax groups, aka ) :*class I = single, living in a registered civil partnership, divorced, widowed or married, unless they fall under tax category II, III or IV. :*class II = single but is entitled to single parent allowance. :*class III = married and spouse does not earn wages, or the spouse earns a wage but is classified under tax category V by request of both spouses, or to widowed workers for the calendar year following that of the spouse' death if both were residing in Germany and were not separated on the day of the spouse's death. :*class IV = married, both spouses earn a wage, reside in Germany, and are not separated. :*class V = married but one of the spouses, at both spouses' request, is classified under tax category III. :*class VI = workers receiving multiple wages from more than one employer, in order for wage tax to be withheld for the second and any additional employment contracts. The taxation at source for capital income will be done with a flat tax rate of 25% (add solidarity surcharge of 5.5% of the amount of tax and, if applicable, church tax).


Deductions

German income tax law allows a considerable number of taxpayer's costs to be deducted from income when computing taxable income. This applies in particular to costs immediately related to earnings. Apart from this, other costs are also deductible, e.g., certain insurance payments, costs incurred by sickness, costs for home help, and maintenance payments. In addition to the possibility of deducting costs, there are also numerous allowances and lump-sum amounts which reduce taxable income, e.g., an allowance for capital earnings currently at €801 (€1,602 for married couples) and a lump sum of €1000 (earnings in 2011 or onwards) is deducted from income from employed work. Expenditure on child support and on children's vocational training is taken into account with a special tax allowance, with allowances for costs expended on child supervision, education and training, and with child benefit payments.


Tax return

The obligation to file an income
tax return A tax return is the completion of documentation that calculates an entity or individual's income earned and the amount of taxes to be paid to the government or government organizations or, potentially, back to the taxpayer. Taxation is one of ...
does not apply to everybody. For example, single assessed tax payers who exclusively earn income subject to
withholding tax Tax withholding, also known as tax retention, Pay-as-You-Go, Pay-as-You-Earn, Tax deduction at source or a ''Prélèvement à la source'', is income tax paid to the government by the payer of the income rather than by the recipient of the income ...
are exempt from this obligation, because their tax debt is deemed to be at least settled by the withholding tax. Nevertheless, any person having full tax liability is allowed to file a tax return, taking into account the tax already withheld at the source and possible deductions. In many cases, this may result in a tax refund. Married couples can apply for joint assessment to be taxed at a more favourable rate. In this case, they must file the annual tax return as it is possible that the tax paid through withholding tax was not sufficient.


Income tax for non-residents

Individuals who are neither resident of Germany nor have their normal place of abode there are only liable to pay tax in Germany if they earn income there which has a close domestic (German) context. This includes in particular income from real estate in Germany or from a
permanent establishment A permanent establishment (PE) is a fixed place of business that generally gives rise to income or value-added tax liability in a particular jurisdiction. The term is defined in many income tax treaties and in most European Union Value Added Tax s ...
in Germany.


Tax obligations for non-resident German property owners

Every non-resident German property owner is subject to a personal levy on income derived from their German property. Non-resident real estate investors are also obliged to file a German property tax return each year.


Tax residency status and property ownership

In order to be considered a resident in Germany, an individual must spend over 183 days in the country during a two-year period. It is important to note that German real estate owners are liable for taxation regardless of their tax residency status.


Double taxation agreements

Germany has reached tax treaties with about 90 countries to avoid double taxation. These agreements fall under public international law and aim to avoid both double taxation and double non-taxation of individuals and companies. The basic structure of the double taxation agreements which Germany has signed follows the Model Tax Convention drawn up by the
OECD The Organisation for Economic Co-operation and Development (OECD; french: Organisation de coopération et de développement économiques, ''OCDE'') is an intergovernmental organisation with 38 member countries, founded in 1961 to stimulate e ...
. In addition to the double taxation agreements in the field of income and wealth taxes, there are special double taxation agreements in the field of inheritance and gift taxes and motor vehicle tax, as well as agreements in the field of legal and administrative assistance and the exchange of information. In particular, the exchange of information between tax authorities is an important element in detecting and combating tax evasion and avoidance and in enabling accurate taxatio


Social Security Contributions

Employment income earned in Germany is subject to different insurance contributions covering health, pension, nursing and unemployment insurance. Contributions are levied as a percent of income until a certain ceiling shared equally between employee and employer. Table of contributions for 2018: see also Payroll tax, Payroll tax/section Germany


Taxes on corporation & capital income


Corporation tax

Corporation tax A corporate tax, also called corporation tax or company tax, is a direct tax imposed on the income or capital of corporations or analogous legal entities. Many countries impose such taxes at the national level, and a similar tax may be imposed a ...
is charged first and foremost on corporate enterprises, in particular public and private limited companies, as well as other
corporation A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...
s such as e.g.
cooperatives A cooperative (also known as co-operative, co-op, or coop) is "an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned and democratically-control ...
, associations and foundations.
Sole proprietorships A sole proprietorship, also known as a sole tradership, individual entrepreneurship or proprietorship, is a type of enterprise owned and run by one person and in which there is no legal distinction between the owner and the business entity. A sole ...
and
partnerships A partnership is an arrangement where parties, known as business partners, agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, business entity, businesses, interest-based organizations, schoo ...
are not subject to corporation tax: profits earned by these set-ups are attributed to their individual partners and then taxed in the context of their personal income tax bills. Corporations domiciled or managed in Germany are deemed to have full corporation tax liability. This means that their domestic and foreign earnings are all taxable in Germany. Some corporate enterprises are exempted from corporation tax, e.g. charitable foundations, Church institutions, and sports clubs. As of 1 January 2008, Germany's
corporation A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...
tax rate is 15%. Counting both the solidarity surcharge (5.5% of corporation tax) and trade tax (averaging 14% as of 2008), tax on corporations in Germany is just below 30%.


Assessment base

The assessment base for the corporation tax charged is the revenue which the corporate enterprise has earned during the calendar year. Taxable profits are determined using the result posted in the annual accounts (
balance sheet In financial accounting, a balance sheet (also known as statement of financial position or statement of financial condition) is a summary of the financial balances of an individual or organization, whether it be a sole proprietorship, a Partnersh ...
and
Income statement An income statement or profit and loss accountProfessional English in Use - Finance, Cambridge University Press, p. 10 (also referred to as a ''profit and loss statement'' (P&L), ''statement of profit or loss'', ''revenue statement'', ''stateme ...
) drawn up under the Commercial Code. What is deemed income under tax law sometimes diverges from the way earnings are determined under commercial law, in which case tax law provisions prevail.


Dividends

When dividends are paid to an individual person, capital yield tax at a rate of 25% is charged. Since 1 January 2009, this tax is final for individuals who are residents of Germany. Solidarity surcharge is also imposed on capital yields tax. When dividends are paid to an enterprise with full corporation tax liability, the recipient business is largely exempted from paying tax on these revenues. In its tax assessment, merely 5% of the dividends are added to profits as non-deductible operating expenses. The same applies if a taxable corporate enterprise sells shares in another company. Deducting tax from dividends paid by a subsidiary with full tax liability to a foreign parent domiciled in the EU is waived on certain conditions, e.g., the parent company has to have a direct holding in the subsidiary of at least 15%.


Integrated fiscal units (group taxation)

Under German tax law, separate companies may be treated as integrated fiscal units for tax purposes (). In an integrated fiscal unit, a legally independent company (the controlled company) agrees under a profit and loss pooling agreement to become dependent on another business (the controlling company) in financial, economic and organisational terms. The controlled company undertakes to pay over its entire profits to the controlling company. Another requirement is that the controlling company has to hold the majority of voting rights in the controlled company. In tax terms, recognition of a fiscal unit means that the income of the controlled company is allocated to the controlling company. This provides an opportunity to balance profits and losses within the integrated fiscal unit.


Trade tax

Entrepreneurs engaging in business operations are subject to trade tax () as well as
income tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
/
corporation tax A corporate tax, also called corporation tax or company tax, is a direct tax imposed on the income or capital of corporations or analogous legal entities. Many countries impose such taxes at the national level, and a similar tax may be imposed a ...
. In contrast to the latter, trade tax is charged by the local authorities or
municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
, who are entitled to the entire amount. The rate levied is fixed by each local authority separately within the range of rates prescribed by the central government. As from 1 January 2008, the rate averages 14% of profits subject to trade tax.


Assessment procedure

The business entity has to file the trade tax return with the tax office, like its other tax returns. Taking any allowances into account, the local tax office () calculates the trade earnings and then gives the applicable figure for a trade tax assessment to the local authority collecting the tax. The underlying profit base, as well as the book-tax differences for the local trade tax jurisdictions, may differ from that used for the corporation tax. On the basis of the collecting rate () in force in its area, the local authority calculates the trade tax payable.


Unincorporated enterprises

One-man businesses and members of a partnership may deduct a large portion of trade tax from their personal income tax bill.


Incorporated enterprises

As from 1 January 2008, corporate entities may no longer deduct trade tax from their taxable profits.


Real property tax

Municipalities levy a tax on real property (). The tax rates vary because they depend on the decision of the local parliament. The tax is payable every quarter. In 2018, the
German Constitutional Court The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inc ...
ruled the current property tax as not in line with the constitution. This is because properties are taxed based on their value from the early 1960s (1930s in East Germany), violating the horizontal equity principle.


Real property transfer tax

Transfers of real property are taxable (). The vendee and the vendor are common debtors of the tax. In general the vendee has to pay the tax. The tax rate is defined by the individual states. In general the tax rate is 3.5%, but all states except Bavaria and Saxony have increased it since 2011. Most states now have a tax rate of 4.5% or 5%; the highest are North Rhine-Westphalia, Saarland and Schleswig-Holstein with 6.5%. Real estate investors are also impacted by the speculation tax (). This tax applies to gains generated on real estate investments, if sold less than ten years after purchase. Depreciation deductions of prior years are added to the sales price of the home, to derive a higher taxable gain. Vendor profit from real estate sales in Germany is considered
capital gains Capital gain is an economic concept defined as the profit earned on the sale of an asset which has increased in value over the holding period. An asset may include tangible property, a car, a business, or intangible property such as shares ...
if the real estate has been held for less than ten years.


Inheritance and gift tax

A single law regulates both inheritance tax and gift tax, requiring the payment of rates from 7% to 50% both on transfers following death and on gifts among the living. In contrast to the U.S.
estate tax An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is a levy on the estate (money and property) of a person who has died. International tax law distinguishes between an es ...
, the inheritance and gift tax is paid by the recipient of the transfer. The tax rates depend on the amount and on the relationship between donor and recipient. There are also substantial exemption rates, amounting to €500,000 for transfers between married partners and €400,000 for transfers to own (step-)children. Deductions as high as 100% apply to cases such as family houses and the possessions of entrepreneurs.


Capital gains tax

In Germany there is no special
capital gains tax A capital gains tax (CGT) is the tax on profits realized on the sale of a non-inventory asset. The most common capital gains are realized from the sale of stocks, bonds, precious metals, real estate, and property. Not all countries impose a c ...
. Only under certain conditions gains from private disposal may be taxed. Since 1 January 2009 Germany levies a final tax () amounting to 25% plus 5.5% solidarity surcharge. This may take effect like a capital gains tax for resident persons e.g. disposal of shares. The replaces the earlier that had been in effect in Germany since 2001.


Consumption Taxes


Value-added tax

As a matter of principle, all services and products generated in Germany by a business entity are subject to
value-added tax A value-added tax (VAT), known in some countries as a goods and services tax (GST), is a type of tax that is assessed incrementally. It is levied on the price of a product or service at each stage of production, distribution, or sale to the en ...
(VAT). The German VAT is part of the European Union value added tax system.


Exemptions

Certain goods and services are exempted from value-added tax by law; this applies for German and foreign businesses alike. For example, the following are exempted from German value-added tax: :*export deliveries :*intra-Community supply of goods :*services provided by certain professional groups (e.g. doctors) :*financial services (e.g. granting loans) :*letting real estate in the long-term :*cultural services provided to the public (e.g. by public theatres, museums, zoos, etc.), :*value-added by certain institutions providing general education or vocational training :*services provided in an honorary or voluntary capacity.


Tax rate

The rate of value-added tax rate generally in force in Germany is 19%. A reduced tax rate of 7% applies e.g. on sales of certain foods, books and magazines and transports. Due to
COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was identified in Wuhan, China, in December 2019. The disease quickly ...
, the government accepted a lowering to 16% (reduced: 5%) from 1 July 2020 until 31 December 2020 for the rates. The overall intended effect of the reduction, stimulating the economy, was marginal and further diminished by the costs of adjusting prices (which not all businesses did), changing sales and billing systems, and doing that twice in such a short time.


Payment of the tax

Within ten days of the end of each calendar quarter, the business entity has to send the tax office an advance return in which it has to give its own computation of the tax for the preceding calendar quarter. The amount payable is the value-added tax it has invoiced, minus any amounts of deductible input tax. Deductible input tax is the value-added tax which the entrepreneur has been charged by other business entities. The amount thus calculated has to be paid to the tax office through an advance. This means that the amount due must be paid in full before the next fiscal quarter. Larger businesses have to file the advance return every month. For entrepreneurs who have only just taken up professional or commercial operations, the monthly reporting period likewise applies during the first calendar year and in the year after that. At the end of the calendar year, the entrepreneur has to file an annual tax return in which it has again calculated the tax.


Small businesses

Entrepreneurs whose turnover (plus the value-added tax on it) has not exceeded EUR 17,500 in the preceding calendar year and is not expected to exceed EUR 50,000 in the current year (small enterprises), do not need to pay value-added tax. However, these small enterprises are not allowed to deduct the input tax they have been billed.


Aviation tax

Starting 1 January 2011, all passenger flights departing from Germany are subject to the aviation tax. The amount of tax to be paid depends on the distance to the final destination. Flights to a destination up to 2,500 km away will incur a tax of €8 per passenger. The amount increases to €25 for distances of up to 6,000 km and €45 for distances beyond this. The distance taken into account is that for the entire journey as booked. For flights involving a transfer or short stopover, this means that the tax only becomes chargeable on the initial departure.


Motor vehicle tax

A tax is imposed on the owners of motor vehicles. It is levied depending on the type of vehicle (car, motorcycle, commercial truck, trailer, motorhome, etc.). The tax is due annually after the registration of the vehicle.
With cars, the tax is different for gasoline and diesel engines. Diesel powered cars are taxed higher. The tax amount also depends on the emissions class (Euro 1 – Euro 6), whether a diesel car has a soot particle filter, and the initial date of vehicle registration. Purely electric vehicles are exempt from taxes for at least five years after initial registration.


Financial crisis 2009

Existing depreciations e.g. for certain private housekeeping expenses and for small and medium-sized enterprises have been enhanced. A declining
depreciation In accountancy, depreciation is a term that refers to two aspects of the same concept: first, the actual decrease of fair value of an asset, such as the decrease in value of factory equipment each year as it is used and wear, and second, the ...
for movable
asset In financial accounting, an asset is any resource owned or controlled by a business or an economic entity. It is anything (tangible or intangible) that can be used to produce positive economic value. Assets represent value of ownership that can ...
s has been reintroduced for two years (2009–2010). Businesses are allowed to carry back losses and to claim refund of paid corporation/income tax. As a result, they get liquidity improvement. From 2010-01-01 on the VAT tax rate concerning hotel accommodation is reduced from 19% to 7%.


See also

* German Taxpayers Federation
Monthly reports of Federal Ministry of Finance (partly English)


Notes


External links


Federal Ministry of Finance: Information about inheritance and gift tax (German)
*[https://web.archive.org/web/20110501011433/http://www.bundesfinanzministerium.de/nn_103424/EN/Home/node.html?__nnn=true Federal Ministry of Finance: Germany’s financial, budgetary and fiscal policies (English)]
Federal Ministry of Finance: Bund/Länder financial relations (English)Tax calculator from Federal Ministry of Finance (German)Federal Central Tax Office (German)Federal Statistical Office / Taxes (English/German)Central Bank (English/German)Federal Fiscal Court (English)Tax obligations for non-resident German rental property owners (English)
{{DEFAULTSORT:Taxation in Germany