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German taxation of foreign interest bearing account

Posted: Fri Mar 29, 2024 7:23 am
by JcaWLz
Hey all, glad I found the new forum :)

I remember a post from someone about how the German tax authorities will handle interest bearing accounts in a foreign currency in 2024, and that I should make sure I close any I have.

Does anyone have any links to further information or can anyone give me a quick summary?

Thanks a bunch!

Re: German taxation of foreign interest bearing account

Posted: Fri Mar 29, 2024 7:25 am
by Auntie Helen
This is also something I need to do.

Re: German taxation of foreign interest bearing account

Posted: Mon Apr 01, 2024 3:41 pm
by runandnap
While I wasn't involved in the discussion and can't really be of any help with the topic itself, it seems at least the first page of that thread has been archived at the location here:

https://web.archive.org/web/20231207012 ... nightmare/?

(Unless I'm doing something wrong I can't see the remaining pages of the discussion anywhere. Still, at least Panda's very helpful summary is there.)

Re: German taxation of foreign interest bearing account

Posted: Mon Apr 01, 2024 4:09 pm
by JcaWLz
Awesome, thank you!

Re: German taxation of foreign interest bearing account

Posted: Mon Apr 08, 2024 11:37 pm
by Mbell_inD
Could someone please help me:
1) I (resident in Germany) am still working on my 2022 German tax return. I have a UK bank account with interest payments. I pay British tax on this interest. The German tax authority tells me that I need to declare this interest income in KAP. I thought that it should be listed on AUS because of the DBA between UK and Germany (ie/ only used in the Progressionsvorbehalt)?
2) I am confused by the apparent changes in German fiscal law. This UK bank account is a deposit account dating from 2003, which pays a variable interest rate. I pay tax in UK on the interest income. As of 01.01.2024 has the way this will be fiscally handled in Germany changed?
Thankyou!

Re: German taxation of foreign interest bearing account

Posted: Mon Apr 15, 2024 6:26 pm
by Nixon
Just came from Finanzamt, had a question about 2022 tax.
If I am doing it now on my own (Elster), I would be charged 0.25% per month of being late on the value of whole tax amount that would be calculated. Minimum 10 EUR per month.
Way to avoid this fee is using Steuerberater/in or Hilfer/in.
I know my German is not good but we understood that much, they even printed out our example calculation.

Re: German taxation of foreign interest bearing account

Posted: Mon Apr 15, 2024 8:04 pm
by PandaMunich
Mbell_inD wrote: Mon Apr 08, 2024 11:37 pm 1) I (resident in Germany) am still working on my 2022 German tax return. I have a UK bank account with interest payments. I pay British tax on this interest. The German tax authority tells me that I need to declare this interest income in KAP. I thought that it should be listed on AUS because of the DBA between UK and Germany (ie/ only used in the Progressionsvorbehalt)?
Nope, capital income has always been taxable in your country of residence, i.e. in Germany.
See here: https://expertise.tax/en/faq-german-tax ... /#resident
Mbell_inD wrote: Mon Apr 08, 2024 11:37 pm 2) I am confused by the apparent changes in German fiscal law. This UK bank account is a deposit account dating from 2003, which pays a variable interest rate. I pay tax in UK on the interest income. As of 01.01.2024 has the way this will be fiscally handled in Germany changed?
That is not what changed, what changed is that additionally to the worldwide interest that you were always supposed to declare in your German tax return, you now have to also declare currency gains, even though you never exchanged your GPB into €.

Congrats, you have been evading German taxes since 2003 on your UK interest (and on any other worldwide capital income you may have had).
--> you need to do a Selbstanzeige.

You could ask Stefanie Neshyba-Kaiser, she is a Steuerberaterin specialised in capital income (her day job is being Head of Taxation at a bank) and she may still have time for another Selbstanzeige: https://steuerberatung--neshyba-de.tran ... r_pto=wapp

Re: German taxation of foreign interest bearing account

Posted: Mon Apr 15, 2024 8:17 pm
by PandaMunich
Nixon wrote: Mon Apr 15, 2024 6:26 pm Just came from Finanzamt, had a question about 2022 tax.
If I am doing it now on my own (Elster), I would be charged 0.25% per month of being late on the value of whole tax amount that would be calculated. Minimum 10 EUR per month.
You misunderstood.
There is no minimum interest per month.

What they were probably trying to tell you is that if the interest amount they calculate is less than 10€, they will not ask you to pay it.
This is laid down in § 239 (2) Satz 2 AO (in English): https://www.gesetze-im-internet.de/engl ... html#p2044
  • (2) Interest shall be rounded to the full euro in the taxpayer’s favour. It shall be assessed only where it amounts to at least 10 euros.
**********************************************************************

What there is a minimum 25€ per month late filing penalty (Verspätungszuschlag), this is laid down in § 152 (5) Satz 2 AO (in English): https://www.gesetze-im-internet.de/engl ... html#p1498
  • ²For tax returns relating to a calendar year or to a legally specified period of time, the late-filing penalty shall be 0.25 percent of the assessed tax, less the sum of assessed prepayments and withheld taxes to be credited, for each month or part of a month that a return is late, and no less than 25 euros for each month or part of a month that a return is late.
However, if you get a tax reimbursement (which most employees do - yes, I'm aware that in your case probably not), then no late filing penalty is charged, see § 152 (3) Nr. 2 AO: https://www.gesetze-im-internet.de/engl ... html#p1498
  • 2. if the assessed tax equals zero or a negative amount,

Re: German taxation of foreign interest bearing account

Posted: Wed May 29, 2024 1:20 pm
by silty2
Hi all,
Just dropping in some information on this new taxation that got lost from TT's demise. The wayback machine linked to above only has one page - and the following appeared several pages later. I remember thinking when I saved it: some day, TT won't be here, and I'll need this.

Nevertheless I am still incredibly baffled by how to go about calculating the currency gain/loss using the FIFO method mentioned. Is there some sort of app where you can plug in the numbers, perhaps? Excel is mentioned, but I'm an artsy-fartsy, never used such a thing, ever...

So here goes with the info. I hope it formats OK.

If you don't feel like reading the below long explanation, here's what you need to do:

By the end of 2023, get rid of all your non-€ accounts outside Germany that pay interest - except for current accounts, no matter whether they pay interest or not, those you get to keep.
But take care to let the money in those non-€ current accounts outside Germany "cool off" for more than 1 year, i.e. only "use" a batch of money after more than 1 year has passed since that batch of money entered the current account.

If you have a non-€ fixed-term deposit outside Germany which will only end at some point after 01.01.2024, don't worry, it still falls under the much more advantageous "old" rule, only fixed-term deposits with a starting date on or after 01.01.2024 will fall under the "new" rule.
However, as soon as this "old" (= from 2023 or earlier) deposit ends, do not prolong it, but either move the money into a current account and don't touch it for more than 1 year, or should you want to enter into another non-€ fixed-term deposit (Festgeld) or you want to keep the money in a direct access savings account (Tagesgeld), do so in a German bank/broker.

>silty1 wrote: For one thing, it looks like I can't take advantage of bringing home funds before the end of the year as you advise, because upon closer inspection of some GICs I took out in Canada only a few months ago, half of the funds are in a 2-year non-redeemable, with interest paid annually, maturing only in March, 2025. The rest is in a one-year.
You didn't read what I wrote attentively.
In my first post, I wrote:
If you have a non-€ fixed-term deposit outside Germany which will only end at some point after 01.01.2024, don't worry, it still falls under the much more advantageous "old" rule, only fixed-term deposits with a starting date on or after 01.01.2024 will fall under the "new" rule.
However, as soon as this "old" (= from 2023 or earlier) deposit ends, do not prolong it, but either move the money into a current account and don't touch it for more than 1 year, or should you want to enter into another non-€ fixed-term deposit (Festgeld) or you want to keep the money in a direct access savings account (Tagesgeld), do so in a German bank/broker.

--> your pre-2024 GIC (which is what Canadians call fixed term deposits, if they are a bit more long term) will only a problem once they finish their term whenever that may be.

Then, you will have to decide whether you want to prolong them or want to move the money into a savings account, both actions will count as a "purchase of CAD".
Only if you then moved the money into a CAD current account and left it untouched in there for over a year, or if you immediately exchanged the CAD into € would you not have to calculate currency profits.

**********************************************************************************************

Example of currency gain calculation necessary if you prolong your GIC:

You have 100,000 CAD invested.
Your GIC ends on 15.03.2024, it ran for 1 year and now pays out on 15.03.2024: 100,000 CAD * 4.6% = 4,600 CAD
The exchange rate on 15.03.2024 is 1€ = 1.5 CAD.
--> you declare the interest of 4,600 CAD / 1.5 CAD/€ = 3,066.67€ in your Anlage KAP 2024.

You prolong the 104,600 CAD for 1 year at 5% on 15.03.2024, i.e. the term will end on 15.03.2025.
On 15.03.2024, at the start of this GIC, you have to pretend that you exchanged 69,733.33€ into CAD, to get those 104,600 CAD (= 69,733.33€ * 1.5 CAD/€), that you just invested for another year.
--> you have to attach a "purchase price label" of 69,733.33€ to your "104,600 CAD GIC".

On 15.03.2025, when the GIC ends, the exchange rate is 1€ = 1.4 CAD.
--> you declare the interest of 104,600 CAD * 5% = 5,230 CAD, by converting it into € with the exchange rate valid on that day: 5,230 CAD/1.4 CAD/€ = 3,735.71€ your Anlage KAP 2025.
At the same time, you have to pretend that you exchanged the 104,600 CAD into € on 15.03.2025, with the then exchange rate 1€ = 1.4 CAD, i.e. that you received 74,714.29€ from this "pretend" exchange.
This is the "selling price label" that you attach to those 104,600 CAD.
--> you have to declare a currency profit of 4,980.96€ (= selling price - purchase price = 74,714.29€ - 69,733.33€) in your Anlage KAP 2025.

Repeat this process each time you prolong a GIC.

>I also took a closer look at it and notice that about 20% of the money used to buy the GICS was sitting in a savings account, not a current account. Do I have to figure out when that portion entered the savings account, note the exchange rate, and do a separate calculation of the gain or loss for that portion? I have no idea how to go about this. I've had the savings account for decades, with funds fluctuating a lot - mainly leftovers from a rental property.
You need to look at some FIFO examples: https://blog.megaventory.com/what-is-fi ... anagement/
You have to attach a "purchase price in €" label to each CAD that enters your savings account (= Tagesgeld) and when that Canadian Dollar leaves the account again (it is assumed, that the "oldest" CAD leaves first), you have to look up the €/CAD exchange rate that is valid on that day (or just the average ECB exchange rate during that month) and attach a "selling price in €" to that Canadian Dollar.
--> the difference between "selling price in €" and the "purchase price in €" is the currency profit that you have to declare in Anlage KAP.

>If there is a large currency gain for the tax year, could any losses be claimed from other investments to offset it? Like selling a losing stock toward the end of the year? Are there any other deductions available?
Against a loss from selling funds (ETF, mutual funds, money market funds and so on), yes.
But not against a loss from selling stocks (Aktien), since losses from selling stocks can only be offset again profit from selling other stock, they are seen to be "captive" in a separate "pot" which only profits from selling stocks can enter, see here: https://marcowenzel-de.translate.goog/w ... r_pto=wapp

For the entirety of your worldwide capital income (you have to declare and tax your worldwide capital income in Germany), there is the saver's tax free allowance (Sparer-Pauschbetrag) of 1,000€ (since 2023, until 2022 it was 801€).
That is all the "deduction" you get.
Ok, if you're married, so you also get to use your wife's Sparer-Pauschbetrag, if she didn't need it.
So a married couple will not pay tax on the first 2,000€ of their capital income.

>Similarly, if there is a currency loss to report, would it offset the sale of a winning stock?
Yes, since profits from the sale of stocks are - unlike losses from the sale of stock - not "captive" in a pot.

>Would it bring down taxable amount of any other income?
No, it is capital income and can only affect other parts of capital income.
Capital income in its entirety is in one "big pot", so if you end up with an overall loss in your "capital" category, e.g. because you had currency losses and losses from selling funds that year which were higher than your interest income, then that overall loss will not help you, it will not lower your pension income.
The overall capital loss will simply be automatically carried forward by the Finanzamt to the next year and should you have some positive capital income in that year, will lower it.

0

>silty1 wrote: Why does one have to leave it in a current account to collect no interest for an entire year? What happens if after depositing funds from a maturing Canadian CD into my current account, I use some of it for travel within that one-year period?
If you do that, you will have to calculate your currency speculation profit (or loss) according to the FIFO (first in, first out) rule and declare it in Anlage SO.
With your money stemming from a CD (certificate of deposit), i.e. from a Festgeld, those CAD will have a "purchase price" (their value in €, calculated on the day on which your CD ended), so you can forget about the exception for "money earned in CAD" that I wrote about here: https://www.toytowngermany.com/forum/to ... nt-3954438

Odds are, that the sum of all your total currency speculation profits and losses that calendar year will be under the 1,000€ limit (up to 2023: 600€) and that therefore you will not have to pay tax on your total currency speculation profit, but you will still have to calculate it.

Only if a batch of money is left to "cool off" for more than 1 year in a current account, no matter whether that current account pays interest or not, will you not have to calculate the currency speculation profit.

>silty1 wrote: An unlikely scenario, but for illustration purposes: if I put, say, 10,000 CAD from a maturing CD into a current account next year with the intention of leaving it there for a year, but after a week mistakenly use my bank card to buy 10 dollars worth of Tim Horton's coffee and doughnuts from that current account, will I have to do the currency speculation calculation on the entire 10,000?
No, only for the 10 CAD you spent.
And even that is "worst-case", i.e. only if that current account had been completely empty when the 10,000 CAD entered it and therefore these 10 CAD were actually spent from the "poisoned" 10,000 CAD that now have a "purchase price label in €" attached to them through having been in an interest-bearing savings account, since that was actually the "oldest" money in your current account.

This goes by "batch".
So if, for instance, you had already "cooled off" (batch of money that had spent more than 1 year in that current account) or that had been "earned in CAD", e.g. through a Canadian flat you own, i.e. "older" batches of money in that account, then your 10 CAD coffee will have been spent from that "older" unproblematic money.
--> no currency speculation profit to be calculated.

Remember, you have to keep the FIFO (first in, first out) order, i..e pretend that you spent the "oldest" money in that account first.
The "batches" of money do not mix.
Only if you spend so much that you actually "reach" that newest batch, those 10,000 CAD, will you have to calculate a currency speculation profit and even then only for the amount you "touched" by spending it (= which is seen by the Finanzamt as selling that CAD amount).

-30-

Re: German taxation of foreign interest bearing account

Posted: Wed May 29, 2024 1:33 pm
by JcaWLz
Does anyone know if this change is going into effect in 2024 still? AFAIK it seems like its now 2025 based on

https://www.bundesfinanzministerium.de/ ... onFile&v=1

"Seite 9 Randnummer 325 wird wie folgt gefasst:
325 Für den Kapitalertragsteuerabzug wird es nicht beanstandet, wenn die Änderungen der Rn. 63,
111, 166 und 280 sowie die Rn. 193 hinsichtlich der Versicherung des ausländischen Instituts
ab dem 1. Januar 2023 und die Änderung der Rn. 131 in der Fassung des BMF-Schreibens
vom 19. Mai 2022 erst ab dem 1. Januar 2025 angewendet werden. Für die erstmalige
Anwendung der Rn. 131 ist hierbei auf den Anschaffungszeitpunkt der Kapitalforderung
abzustellen."

Or am I mistaken?

Re: German taxation of foreign interest bearing account

Posted: Wed May 29, 2024 7:52 pm
by PandaMunich
JcaWLz wrote: Wed May 29, 2024 1:33 pm Does anyone know if this change is going into effect in 2024 still? AFAIK it seems like its now 2025 based on

https://www.bundesfinanzministerium.de/ ... onFile&v=1

"Seite 9 Randnummer 325 wird wie folgt gefasst:
325 Für den Kapitalertragsteuerabzug wird es nicht beanstandet, wenn die Änderungen der Rn. 63,
111, 166 und 280 sowie die Rn. 193 hinsichtlich der Versicherung des ausländischen Instituts
ab dem 1. Januar 2023 und die Änderung der Rn. 131 in der Fassung des BMF-Schreibens
vom 19. Mai 2022 erst ab dem 1. Januar 2025 angewendet werden. Für die erstmalige
Anwendung der Rn. 131 ist hierbei auf den Anschaffungszeitpunkt der Kapitalforderung
abzustellen."
The problem is the word "Kapitalertragsteuerabzug" in there, which since it means "automatically deducted tax on capital income at the source", tells us that this sentence is addressed to banks/brokers, since they are the only ones who deduct this tax at the source.

As I wrote in the old thread: https://web.archive.org/web/20231207012 ... nightmare/
  • This "new" rule is effective immediately, but since the German banks/brokers need time to program the change, the BMF has allowed them to only apply it starting with 01.01.2024.
    So I will assume the same latitude also applies to everybody else.
--> banks/brokers got a further one year extension from 1. January 2024 to 1. January 2025, yes.
The rest of us did not.

In my opinion, it isn't fair to allow one group more time before they have to apply this new interpretation of the law than the other, so I also claim this extension for my clients.
And I would (most probably) win in finance court with this argument, since treating different different groups differently (those who have accounts at German banks/brokers and those who have accounts at non-German banks/brokers) is forbidden by the basic tenet of German tax law called "Gleichmäßigkeit der Besteuerung": https://de-m-wikipedia-org.translate.go ... r_pto=wapp

But, no, officially, this new interpretation was to be applied immediately, even retroactively to all open cases, as was laid down in side number 324: https://esth.bundesfinanzministerium.de ... nhalt.html
  • 324
    The principles of this letter are to be applied to all open cases for withholding tax on investment income and capital gains. Furthermore, this letter is to be applied to investment income received after 31 December 2008 and for the first time for the 2009 assessment period.
Please also read these articles:

Re: German taxation of foreign interest bearing account

Posted: Thu May 30, 2024 6:39 pm
by silty2
Hi Panda, and thank-you once again for your thorough explanations, discussion, and opinions.

So to recap - because the word retroactive jumps out as new information and gives me a bit of pause... has anything changed in the application of the new rules since you first dropped this into the TT forum?

As I understood it, any Festgeld term deposit (in Canada, GIC) taken out before Jan 1, 2024 and maturing at any time after that - is not yet subject to the new rules, but any term deposit taken out after January 1 will be subject to them - unless you leave the cash collecting dust for one full year after the term is up.

Re: German taxation of foreign interest bearing account

Posted: Thu May 30, 2024 8:41 pm
by PandaMunich
silty2 wrote: Thu May 30, 2024 6:39 pm So to recap - because the word retroactive jumps out as new information and gives me a bit of pause... has anything changed in the application of the new rules since you first dropped this into the TT forum?
Nothing has changed in that I have always adhered to the opinion that what's sauce for the goose is sauce for the gander.
--> if people who have accounts at German banks/brokers are only subject to these rules at a later point (which was 1. January 2024 in the original BMF letter of 19.05.2022, but which was extended to 1. January 2025 by the new BMF letter of 11.07.2023), then in my opinion the same should also apply to people who have accounts at non-German banks/brokers.

But as soon as the German banks/brokers have managed to program their systems to do these (fictive) currency gain calculations (which they were not on track for to manage to do by 01.01.2024, which is why they got the extension to 01.01.2025), then everybody will have to apply these new rules, because from 01.01.2025 (if the date doesn't get extended again...), there will no longer be a privileging of the clients of German banks/brokers over clients of non-German ones.
silty2 wrote: Thu May 30, 2024 6:39 pm As I understood it, any Festgeld term deposit (in Canada, GIC) taken out before Jan 1, 2024 and maturing at any time after that - is not yet subject to the new rules, but any term deposit taken out after January 1 will be subject to them - unless you leave the cash collecting dust for one full year after the term is up.
Yes, that is my opinion, since that is the way it will be for anybody who has a non-€ Festgeld in a German bank.
Actually, with the extension published in the BMF letter of 11.07.2023, if a Festgeld at a German bank/broker was entered into before Jan 1, 2025, it would not yet subject to the new rules.

Just to be clear:
All that has happened is that the German Ministry of Finance (BMF = Bundesministerium für Finanzen) has stated their new interpretation of the law.
The law itself wasn't changed.

I have to obey the law, I do not have to obey anybody's interpretation of the law, even if the interpretation was made by the BMF.
The finance courts will have the final say on whose interpretation of the law was correct - and I'm sure someone will take them to court over this.

But I'm not going to risk my clients on something I may lose, in case the finance courts uphold the BMF's new interpretation of the law.
But I will claim the same extension (now to 01.01.2025) that German banks/brokers got to applying this new interpretation of the law, since that is something I would win for sure in finance court.

Re: German taxation of foreign interest bearing account

Posted: Thu May 30, 2024 10:46 pm
by JcaWLz
Thanks for your helpful replies panda :)

Re: German taxation of foreign interest bearing account

Posted: Fri May 31, 2024 9:52 am
by silty2
PandaMunich wrote: Thu May 30, 2024 8:41 pm
Yes, that is my opinion, since that is the way it will be for anybody who has a non-€ Festgeld in a German bank.
Actually, with the extension published in the BMF letter of 11.07.2023, if a Festgeld at a German bank/broker was entered into before Jan 1, 2025, it would not yet subject to the new rules.

(...)

But I'm not going to risk my clients on something I may lose, in case the finance courts uphold the BMF's new interpretation of the law.
But I will claim the same extension (now to 01.01.2025) that German banks/brokers got to applying this new interpretation of the law, since that is something I would win for sure in finance court.
[/quote]

OK, a delay in application for another year would be great, but looking at things on a practical level still... if I take the two Festgeld maturing in March, 2025, and immediately send the funds to Germany, would that be OK, or do I have to let the funds sit around for a full year in a current account? The latter is what I recall being the deal before. I'm sorry for being so dense on this, it's daunting, and I'm unsure about where I stand.

Re: German taxation of foreign interest bearing account

Posted: Fri May 31, 2024 2:33 pm
by PandaMunich
silty2 wrote: Fri May 31, 2024 9:52 am OK, a delay in application for another year would be great, but looking at things on a practical level still... if I take the two Festgeld maturing in March, 2025, and immediately send the funds to Germany, would that be OK, or do I have to let the funds sit around for a full year in a current account? The latter is what I recall being the deal before.
You can of course immediately exchange the CAD into € and send them Germany, in that case, no currency gain or loss can occur.
I would suggest using Wise for this, to save on the exchange and transfer fees: https://wise.com/

You would only have to let the CAD moulder for over a year in a current account in Canada after your Festgeld matures, if you:
  1. wanted to keep these CAD in Canada
    and
  2. at the same time wanted to avoid entering into a new Festgeld in Canada, since you wanted to avoid calculating the currency gain or loss.
But the calculation of the currency gain/loss isn't that hard for a yearly Festgeld, you already posted my example calculation above.
--> I would not let my money moulder in a low-interest current account.

Re: German taxation of foreign interest bearing account

Posted: Mon Jun 03, 2024 4:17 pm
by silty2
Indeed, that would be the least attractive option around.