Download: Monthly Information December 2021

The German Federal Fiscal Court recently ruled that the allotment of shares in the context of a U.S. „spin-off“ to private retail investors does not result in a taxable capital gain. Only at the time of a later sale of the shares any capital gains would be taxable.

Since the existence of Internet platforms for anyone to sell all kinds of assets, private individuals have been selling items via these platforms. To a large extent, these platforms have replaced the „garage“ flea market that used to be the norm. In this context, the question arises as to which types of tax can be affected by this.

The Berlin-Brandenburg Fiscal Court ruled that a genuine severance payment for the loss of a job is subject to wage tax and cannot be used to top up a value credit account (time value account), as there is no remuneration subject to social security contributions.

On October 20, 2021, the Federal Cabinet approved the Ordinance on Social Security Calculation Factors 2022. The Federal Ministry of Labor and Social Affairs has adjusted the relevant social insurance calculation parameters on a rotational basis and announced them for 2022.

Income tax

  • Share allotment by foreign „spin-off
  • Costs of commuting accident deductible as income-related expenses
  • Private sales of assets via internet platforms

Wage tax

  • Genuine severance pay for loss of job is subject to wage tax – No value credit eligibility

Corporate income tax

  • Excessive interest on a shareholder loan – Hidden profit distribution?

Value added tax

  • No tax evasion by „omission“ if the tax authority is aware of material tax-relevant circumstances
  • Office and organization bonus or promotion commission are subject to sales tax exemption for brokerage services

Inheritance/gift tax

  • Payments to impaired descendants or contract heirs deductible?

Procedural law

  • Order of participation of a municipal employee in an external audit
  • Notification amendable in case of incorrect temporal allocation of additional assessment amounts

Labor/Social Law

  • Social security calculation parameters 2022 decided
  • Prima facie evidence of receipt of a registered letter – submission of the status of the mailing not sufficient

Tax/social security dates – December 2021/January 2022

Do you have any questions about the articles in this issue of Monthly Information or about other topics? Please contact me. It will be a pleasure for me to advise you.

Link to all client monthly information 2020 and 2021

Über Sibille Decker

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