“Abgeltungsteuer”的意思、由来-开放百科全书

The Abgeltungsteuer (German, from Abgeltung "settlement", "discharge" + Steuer "tax") is a flat tax on private income from capital. It is used in Germany, Austria, and Luxembourg.^[1]

Germany

In Germany, the Abgeltungsteuer was introduced through the {{ill|German Corporate Tax Reform Act of 2008|de|Unternehmensteuerreform 2008 in Deutschland}}^[2] that passed the German Parliament on 14 August 2007. The Abgeltungsteuer became effective on 1 January 2009.^[3]

Earlier tax law

In 2009 the Abgeltungsteuer replaced the {{ill|German half revenue procedure|de|Halbeinkünfteverfahren|lt=half revenue procedure}} that had been effective since 2001.

The {{ill|German Income Tax Act|de|Einkommensteuergesetz (Deutschland)}} had a procedure whereby taxable income was halved for purposes of dividend taxation. Fifty percent of income, as defined in article 3 number 40 of the Tax Act as amended in 2008, was exempt from income tax.

Dividends and taxable capital gains from the sale of investments were taxed (if a certain exemption limit was exceeded) at only half the rate of income tax and {{ill|German solidarity surcharge tax|de|Solidaritätszuschlag|lt=solidarity surcharge tax}}. Profits from the sale of equity investments were not taxable if they were held for over a year.

The half revenue procedure was moot as of 1 January 2009 with the passage of the new Abgeltungsteuer (Article 32 of the German Income Tax Act).

Who is liable

The taxation at the level of a shareholder (shareholders or partners) depends on whether the shareholder is an individual or a corporation:

Teileinkünfteverfahren|lt=partial income method}} and replaced the half revenue procedure for shareholders of partnerships. Accordingly, income from dividends and capital from the sale of company shares that are held as business assets are no longer subject to 50 % taxation (half income method) but now taxed with 60 % of the individual income tax rate. The revenue-related expenses can also be considered tax deductible of 60 %.

Amount of withholding tax

The Abgeltungsteuer is levied as a withholding tax. Private investor’s tax liability is settled. The already taxed capital gains are no longer recorded in the annual income tax return.

Instead of taxing with the personal tax rate of taxpayers, their income regardless of their height is taxed with the flat tax rate of 25%. The legal basis for this was amended in the Unternehmensteuerreformgesetz of 2008 in Art. 32 d of the German Income Tax Act.

The withholding tax rate according to Art. 43 a Para. 1 German Income Tax Act is 25% plus solidarity surcharge of 5.5% on the final withholding tax and possible church tax (8 or 9% of the flat tax). This makes a total of Abgeltungsteuer of 26.375% church tax excluded.

The surplus income from capital assets cannot be shortened by the overall deductions through lump sum or actual expenses. In their place, the saver's allowance in the amount of 801 € will be used as deduction (Art. 20 Para. 9 German Income Tax Act). However actually there are several decisions in court to rule on that restricted deduction possibility.^[5]

What is taxable

Taxable current income

This means, profits which have been recorded and taxed only in the context of speculation are now already taxable for a holding period of more than one year.

Taxable private capital gains

Exemptions from the tax deduction

Alternatives

Investment income upon which flat rate tax was withhold, do not have to be declared in the annual income tax return. Only if church tax has not been withhold or the personal income tax rate is below 25%. A tax refund on the difference between the tax rates is possible (Art. 32 Para. 6 German Income Tax Act). This makes sense when the personal tax rate of the income is below 25%. The intention was that the income on investment income will not be taxed higher than their other income. A withdrawal of actual costs associated with private capital gains is however no longer permitted, the saver's allowance in the amount of 801 € will be used as deduction.

Losses

Foreign investment income

Investment income that was generated abroad also falls under the Abgeltungsteuer. The Federal Republic of Germany concluded with many countries double taxation agreements so that the regulations differ from each country to country. The aim is to avoid that one taxpayer is charged with similar taxes more than once on the same income for the same period. Though the Abgeltungsteuer is not applicable in foreign countries, the taxpayer has the responsibility to declare the income for taxation at the local tax office. Foreign taxes on capital gains are only chargeable up to a height of 25% according to German Income Tax Act (Art. 43 a Para. 3). Nevertheless, there can be possibility that losses from other securities transactions are added to the original loss. That leads to a paid tax on capital gains of more than 25% seen over the entire calendar year. Such a negative surplus will not been refunded by the tax authorities and is also not transferable to the following years.

Advantages and disadvantages

Austria

In Austria, a withholding tax on capital income took effect on January 1, 1993. The legal basis for the tax is the Austrian final taxation law (Endbesteuerungsgesetz).^[7]

Luxembourg

Since 2006, taxpayers who have tax liability in Luxembourg have been subject to a 15% flat rate withholding tax on interest income. For nonresident EU citizens who receive interest income from Luxembourg, a 20% tax rate applied through 30 June 2011, rising to 35% as of 1 July 2011 under the European Directive on the taxation of savings interest income.