Capital gains tax is a special form of income tax collection. It is determined – hence the “special” – with its own, uniform and “flat” tax rate. At the same time, capital gains tax is payable only on the name-giving capital gains. Of all the principles mentioned, there are various exceptions, which we would like to take a closer look at!
Principle 1: What is the capital gains tax?
Basically, the capital gains tax – similar to the wage tax – is a form of income tax. This becomes clear, among other things, that it is finally regulated in the Income Tax Act (EStG). They are collected at the source, i.e. upon payment of the respective capital gains, and constitute a tax on income covered by § 12 no. 3 EStG. In the case of a later investment, the capital gains are therefore taken into account gross.
As a separate form of collection of ESt, capital gains tax is subject to certain regulations. Particular features apply in particular with regard to:
This article does not replace tax or legal advice in an individual case. Facts, current law, jurisdiction, documentation and implementation remain decisive.