German taxes at a glance: Declaration and more

The German bureaucracy confronts many people with several questions, and the topic of taxes is no exception. We would like to bring you closer to the world of German taxes and introduce you to the common forms of taxation in Germany. Taxes are often an annoying matter, both as a private person and as a company, but if you can clear up and understand the confusion, you should no longer have a problem with taxes. But not for nothing there is the tax advisor in case of need, who can help, but may be very expensive. We owe our know-how to the experts at Lukinski, among others.

Source: Lukinski – Taxes in Germany

Income tax (ESt): tax for natural persons

Income tax – ESt for short – is usually levied on the income of natural persons, according to their ability to pay. The income is understood as the sum of all earned income within the meaning of the Income Tax Act (EStG) minus the sum of all deductions relevant under tax law (such as any allowances). Taxable individuals are divided into self-employed persons, who generally have to pay their income tax themselves, and employees, whose income tax is withheld by their employer in the form of wage tax and paid to the tax office on their behalf.

As a joint tax, this tax revenue is divided between the federal, state and local governments. The municipalities receive the rate applicable under federal law – currently 15 percent of wage tax and assessed income tax – while the remainder goes to the federal government and the states in equal shares. As a rule, all natural persons are liable to income tax and must pay tax on their income from self-employed and non-self-employed activities.

How much is the income tax?

Income tax cannot be calculated as a lump sum. Depending on how high the individual annual income is, a different percentage of income tax is due. From an annual income of approx. € 9,400, the initial tax rate is “only” 14%. The top tax rate is around 42% from an annual income of around €57,000 (as of 2020) – but only for single people.

For people who are married, however, the rules are different. For married people, for example, the initial tax rate is 14% with a taxable income of up to approx. 18,800€.

Between 14 and 42 %, depending on income level

Payroll Tax (LSt):

Since wage tax is not a separate type of tax, but only a special form of levying income tax (§ 38 EStG) on income from employment, the Income Tax Act (EStG) is the legal basis for wage tax.

The taxable income forms the assessment basis for income tax. The tax liability is determined by the income tax scale (§ 32a EStG). This tariff assigns a tax amount to each level of taxable income. Thus, the tax scale is the core of the Income Tax Act.

To facilitate the deduction of income tax, 6 income tax classes have been created in which the different rates are incorporated. Wage tax is paid by your employer and deducted from your wages every month.

Trade tax (GewSt): For commercial enterprises

As a rule, trade tax is levied on the income of every German commercial enterprise and is thus based on the objective earning power of the respective company. Since limited liability companies, stock corporations and the like are always regarded as commercial enterprises by virtue of their legal form, trade tax is mandatory for corporations – regardless of the composition of the founding team.

As an object or property tax, trade tax is by its nature one of the real taxes. Effectively, it belongs to the municipal taxes and contributes significantly to their financial system. The municipalities are entitled to levy the tax and determine the tax rate applicable for a given year by resolution.

How much is the trade tax? – Formula & Calculation

The individual trade tax for your company is determined with the help of the tax rate, which is currently 3.5 percent (as of 2020). This means that you have to pay 3.5 percent of your trade income to the tax office. The trade income is made up of your profit minus the legally given tax-free amount (currently €24,500). This trade income multiplied by the statutory measurement figure results in the sum that you have to pay to the tax office as trade tax.

Formula for calculating: Trade income (profit minus tax-free amount) x statutory measurement figure (currently 3.5%)

Important dates: Prepayment

Trade tax is payable quarterly on 15 February, 15 May, 15 August and 15 November in equal instalments as an advance payment. These taxes are no longer deductible as a business expense beginning with the 2008 tax period, but may be credited as a lump sum against income tax payable. Dates for advance payment of business tax:

• February 15
• May 15
• August 15
• November 15

Value added tax (VAT): Tax for delivery & service

Sales tax is usually levied on all sales that a company generates in the domestic market for sales tax purposes. This includes all supplies of goods and services, as well as occasional ancillary transactions, which the company provides for consideration as part of its business activities. VAT amounts that a company has paid for supplies and services it has received and that can be substantiated can be claimed as input tax deductions and thus reduce the company’s VAT burden.

Sales tax = value added tax

From an economic point of view, the own turnover tax thus represents a general consumption tax, but in Germany it ultimately functions as a transfer tax and is ultimately charged to the end consumer. Because it is passed on, sales tax is typically classified as an indirect tax. Currently, the standard German VAT rate is 19 percent – 7 percent on reduced goods – and is one of the main sources of revenue for financing the federal budget.

Important dates: Prepayment

• On the 10th of the following month (submission to the tax office)

How much is the sales tax?

The value added tax in Germany is a community tax. The standard tax rate in Germany is currently (as of 2021) 19 percent. For certain transactions, however, there is also a tax exemption or a reduced tax rate of currently 7 percent.

Value added tax Germany (normal tax rate): 19%.

Real estate transfer tax (GrESt): Purchase of property or land

Whenever a property or share of a property is purchased, land transfer tax is incurred in Germany. The tax is levied on the basis of the Land Transfer Tax Act (GrEStG). The amount of the land transfer tax is determined by the federal states. It is therefore a state tax. The respective federal state can therefore decide for itself whether to pass on the tax levied to its municipalities.

After you have bought your property, the purchase still has to be notarised. The purchase contract states who has to pay the real estate transfer tax: Buyer or Seller. Without this additional agreement, it is the case that according to the law (§13 No. 2 GrEStG), the previous owner and the purchaser are initially liable for the tax, i.e. both together, buyer and seller.

After notarisation, the notary sends the signed purchase contract to the responsible tax office, which then writes to the party to be charged with the real estate transfer tax notice. The tax is due one month after notification of the tax assessment. However, the tax office may set a longer payment deadline if necessary (see Real Estate Transfer Tax Act (GrEStG) §15 Due date of the tax).

How much is the land transfer tax?

The real estate transfer tax is determined by the individual states and is therefore not uniform. Currently (as of 09/2020), the real estate transfer tax is between 3.5 and 6.5 %. In Saxony, for example, the real estate transfer tax is 3.5%, whereas in North Rhine-Westphalia it is 6.5%.

Between 3.5 % and 6.5 %, depending on the federal state

Corporation tax (KSt): For legal entities

Corporate income tax is usually levied on the income or profit of legal entities domiciled in Germany and is thus complementary to income tax (ESt), which is usually levied on individuals. Taxable persons typically include corporations, associations, cooperatives and foundations. A limitation of corporate income tax comes into play, for example, if the management and headquarters of the legal entity are located abroad. Political entities, federal companies, state banks and social security funds, professional associations and some others are fully exempt from the obligation to pay corporate income tax.

As a corporate tax, corporate income tax counts as a community tax and is levied by both the federal government and the states. The amount of the levy is based on the taxable income, which is the result of the profit less special expenses and extraordinary burdens, and is currently 15 percent plus the solidarity surcharge (SolZ), resulting in an overall burden of 15.825 percent. Corporate income tax is payable quarterly on March 10, June 10, September 10 and December 10 in equal instalments as an advance payment and is offset against the actual tax liability at the end of each financial year.

Important dates: Prepayment

Dates for advance payment of corporate income tax:

• March 10
• June 10
• September 10
• December 10

How much is the corporate income tax?

Corporate income tax is a business tax for legal entities and is currently 15%, in some cases plus a solidarity surcharge, resulting in a total of 15.825%.

Corporate income tax: 15

Capital gains tax (KapESt): Tax on profit distribution

Tax law provides that (in addition to the income tax of any natural person with shareholder status) capital gains tax is levied on all natural persons resident in Germany who benefit from a distribution of profits. As a result, the recipient – but not the corporation – is burdened. The capital gains tax burdens both the profit income of shareholders of a GmbH and the distribution of dividends to shareholders of a stock corporation.

For the sake of simplicity, 25 percent of the dividend is withheld directly by the AG for share holders, similar to the way regular employers withhold wage tax (LSt) for their taxable employees. Capital gains tax – abbreviated to KESt, KapESt, KapErtSt or KapSt – is a special form of income tax levied here: Once the tax burden has been withheld, the income tax is deemed to have been paid and the income does not have to be declared in more detail – at least insofar as no other type of income applies or the special tax rate applies.

If, on the other hand, the registered office of a shareholder is abroad, the so-called withholding tax comes into effect and the provisions of the double taxation agreement (DTA) of the respective country must be taken into account. The final withholding tax is also levied on shares held as private assets within Germany.

How much is the capital gains tax?

The capital gains tax is also known as the final withholding tax and is levied on generated investment income. Since 2009, this has been levied at a uniform tax rate of 25%. If applicable, church tax is also levied.

Capital gains tax: 25

Source: Lukinski – Taxes in Germany

Real estate as an investment: This is how you succeed!

Real estate is becoming increasingly popular as a capital investment, as it generally has a significantly higher return than traditional forms of investment – regardless of whether it is a penthouse, apartment, maisonette, terraced house or bungalow. However, whether an investment in real estate pays off in the end depends heavily on the development of the property and the long-term development of its location. Therein lies the real risk when you invest in a property as a financial investment. In addition, there are other aspects such as the condition of the building or the tenant structure that you should consider before buying.

Tip! Overview Real Estate XXL

The world of real estate is complex and multifaceted. If you want to keep an overview and avoid making mistakes, you should prepare well and clarify as many open questions as possible in good time. No matter whether you want to build, buy and rent out a property or live in it yourself, or even use a property as an investment to generate passive income: The preparation is the A&O. Here you will find articles, as well as book and video tips with successful and helpful books and videos on the subject of real estate – including tips and tricks from professionals and experts.

• Book & Video Tips Overview: Real Estate

Real estate as an investment: Tips & tricks for beginners

This video gives you a comprehensive look at how you can get started in the real estate world and use your property as an investment. Here, the path to real estate is explained to you in many steps. Check it out:

Experiences & tips for beginners and advanced

This video explains why you should invest primarily in smaller residential units in real estate as an investment. The advantages and disadvantages of this investment strategy are presented.

https://www.youtube.com/watch?v=Dt5sJ1fkHoQ

Real estate as an investment: purchase price factor & return on investment

In the following video, an expert will explain to you which important formulas you can use to check a property as an investment with regard to its profitability. Interested? Then watch it!

https://www.youtube.com/watch?v=Q0SSps1ZHcA

Calculating real estate as a capital investment: Saving ancillary costs & taxes

What does a detailed real estate calculation look like. Here we show you a calculation, how you can show it to your banker. In practice, bankers usually make their own calculation, but the calculation can help you to show your banker the attractiveness of the property.

Real estate as a capital investment: Calculation of a condominium

Learn in this video how you can almost double your invested equity with a conservative calculation – that’s how a condominium pays off!

Related links about the topic Real estate

Are you wondering how to buy, sell, rent or finance a property? What exactly does a real estate agent do? If you’re looking for answers to these questions, then check out our advanced real estate video lists!

Buy property

Buying real estate – Buying real estate is not like shopping in a mall. Before you buy a house or an apartment, many aspects must be clarified in advance. Many mistakes can happen. With our guide you avoid problems and get in the best case the perfect property.

• Video Tips: Buy property
• Book Recommendations: Buying real estate

Build property

To build or to buy a house? This question is on the minds of many prospective buyers. Here we show you the advantages and disadvantages of both options and offer interesting tips on financing. Both options have their advantages. A new build has the great advantage that you can determine the layout of the rooms according to your wishes. In an already existing property you don’t have to deal with the complicated construction phases and you can live in your own home much faster. Here you will find videos that will help you finance your dream home and what you should pay attention to.

• Video Tips: Build property
• Book Recommendations: Building real estate

Let property

Real estate rentals are the perfect way to finance your property, or better yet, have your tenant pay the monthly payments.

You’ll learn what you need to know here:

• Video Tips: Rent out property
• Book recommendations: Renting a property

Overview Real Estate XXL: Investment & Co.

Here you get back to the overview of book and video recommendations on the subject of real estate in Germany. Investment cases, capital investment, passive income, house or apartment buy and rent and much more is explained to you here by experts and understandable. In this XXL guide you will find information and articles on the most diverse questions on the subject of real estate.

• Back to Book & Video Tips Overview: Real Estate

Taxes & Investment Income

You can find books on this topic listed here. Here is another tip for you! Online you can find a lot of articles and tips on Lukinski.de. Here you can learn everything: from tax basics to asset building, from real estate as an investment through renting to saving taxes with real estate (external). Everything free of charge from the expert.

Tip! Overview Taxes XXL

Taxes are often a vexing topic, especially in Germany. Wage tax, value added tax, real estate transfer tax and much more: it is not easy to keep track of everything. But if you’re not interested in employing a tax consultant, who can be quite expensive, you need to get to grips with the subject of taxes. We want to help you with that! Here you will find an overview of guides as well as book and video tips on the subject of taxes. Whether we introduce you to individual types of German taxes or you watch a video on the subject of tax returns, all your questions about German taxes will be answered here.

• Book & Video Tips Overview: Taxes

Find a tax consultant: near you

Are you still looking for the right tax advisor in your area? Then take a look at our lists: We have compiled the best-rated tax consultants for you for almost every city in Germany, where you should always receive good advice. You can find more information about tax advisors in your area here.

100 tax tips

“How employees and pensioners can save” is the title of this book. On average, Germans receive 250 euros per year back from the employee tax assessment. But of course only if this is actually carried out. In many cases, an even higher refund would be possible for taxpayers. Many legal possibilities of tax reduction are not taken up at all. In this case, knowledge is money.

This book goes further than tax legislation. Because the authors also exploit the findings from 2,500 judgments annually to practical tips. This book not only provides valuable help with employee assessment and income tax returns, but also shows legal structuring scope for expenses and income. In 100 short articles all important topics are treated understandably. Profitable knowledge is guaranteed!

• Support with income tax returns and employee tax assessment
• Shaping income and expenditure
• Buy at Amazon

Final withholding tax on capital gains

In particular, this book takes into account the changes introduced by the Investment Tax Act of 19.07.2016 (BGBl I 1730). Considered are individual questions on the settlement

tax and to issue tax certificates.

The descriptions of the legal situation are generally based on private investment income that accrues to a resident for tax purposes. Business income and non-residents for tax purposes are presented in sections C and D in separate chapters. For simplification purposes, church tax has been omitted from the calculation examples. Any lump-sum saver’s allowance

is considered exhausted.

• Buy at Amazon

Understanding capital gains tax and final withholding tax

Taxation of investment income in private assets is the subject of Oliver Rhodius’ book.

The work answers all important questions on the taxation of investment income in private assets. It is characterised by its high practical relevance, many case studies and a question and answer catalogue for each chapter.

• How to tax capital gains
• Case studies
• Questions and answers on the respective topic of the book chapter
• Buy at Amazon

Professional tips on the taxation of investment income

• Published: January 2016
• How to save taxes
• On Amazon: Pro tips for taxing investment income

Related links about the topic Taxes

Want to know more about taxes, stocks & finance? Then check out our other book and video recommendations that will give you more insights into the world of tax.

Taxes Basics

Doing your taxes: Do you know how? What are taxes and what are they used for? Here you can find out everything about taxes – from the basics to the different types of taxes and how to file a tax return.

• Video Tips: Tax Basics
• Book Recommendations: Tax basics

Real estate taxes

Taxes in the field of real estate and home ownership: For beginners, the tax world is already quite confusing, but to combine the whole thing with the real estate world is a whole new world. We want to make this entry easier for you with the best recommendations and tips from the pros. Our book tips will guide you through the whole world of real estate and taxes and offer help for learning the basics, guides for private investors and savings tips.

• Video Tips: Taxes real estate
• Book Recommendations: Real Estate Taxes

Tax tips & tax tricks

Tax tips and tax tricks – Almost everyone knows it, it comes the time in the year there it is called: The tax return is due. For many, this is still a vexing topic, but it doesn’t have to be! With the right tax return and the appropriate tips, you can often get a lot of money back. We have compiled the most important and exciting tips and tricks for you, so that you can also save money and look forward to the next tax assessment in the future!

• Video Tips: Tax Tips & Tax Tricks
• Book Recommendations: Tax Tips & Tax Tricks

Back to overview Taxes XXL: Tax return, tips & more

Here you can return to the overview of book and video recommendations on the subject of taxes in Germany. Tax forms, tax rates, tax returns and much more will be explained to you by experts and made understandable. In this XXL guide you will find information and articles on the most diverse questions on the subject of taxes.

• Book & Video Tips Overview: Taxes