[Looking for] Tax advisor / Loss offsetting / EStG 20 para. 6 sentence 6

[florinaalex]

Hello there,

1. loss offsetting with dividends (EStG 20 para. 6 sentence 6; before 01.01.2020);
2. estimated workload 4-6 hours/month; we provide the details (we did ourselves everything but tax office ignores the laws if these are presented by ordinary people);
3. we write the letters, to which we need a fine tuning;
4. probable tax court case is underway;

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Kind regards,
Florina & Alexander

[editorL]

It's not really clear what you want. So I added the "[Looking for]" to the subject.

So, are you actually looking for a tax advisor to pull the chestnuts out of the fire after you did that stuff on your own in the past?

Your "probable tax court case is underway" implies that you need legal advise for something you signed and (perhaps) f*cked up in the past, and that goes beyond the capabilities of an online forum. What you need is "legally binding consultation", and you will not get that here for free (nor anywhere else for free). It is my understanding that once you've (signed and) filed your taxes, the book is closed.

If you filed "in a way the authorities consider wrong", what do you expect a tax adviser to do to unf*ck the situation retrospectively for you?

I'd rather say you need a lawyer specialized in tax law.

[florinaalex]

Hello admin,

Thank you for modifying the subject.
We look for a tax advisor. A tax advisor can file a lawsuit. A tax lawyer is optional.

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Kind regards,
Florina & Alexander

[PandaMunich]

You could try asking in the "Steuerberater" Facebook group whether a colleague still has free capacity: https://www.facebook.com/groups/353089368038483

[florinaalex]

Thank you. As I am not on facebook.
Probably need to look, maybe steuerkammer -> datev.

[Shanks]

Hello admin,

Thank you for modifying the subject.
We look for a tax advisor. A tax advisor can file a lawsuit. A tax lawyer is optional.

--
Kind regards,
Florina & Alexander

A tax advisor can file the first objection and then go to the Finanzgericht once the Objection is declined by the Tax office. ......But when the case comes for an hearing at the Finanzgericht, you may still need a lawyer because a tax advisor can't represent you in the court for an argument or hearing. This is what I have heard. It's altready August, so you may have more news for us . So what is the status here?


KPMG: https://kpmg.com/de/en/home/insights/20 ... ction.html
PwC: https://blogs.pwc.de/de/german-tax-and- ... nsactions/

These articles provide detailed discussions about the ongoing legal challenges and implications of the loss offset limitation for futures transactions.

[PandaMunich]

A tax advisor can file the first objection and then go to the Finanzgericht once the Objection is declined by the Tax office. ......But when the case comes for an hearing at the Finanzgericht, you may still need a lawyer because a tax advisor can't represent you in the court for an argument or hearing. This is what I have heard.

You heard incorrectly.
A Steuerberater can represent a client fully both at Finanzgericht as well as in front of the Bundesfinanzhof (appeals court).
In fact, you can represent yourself at the Finanzgericht, it is just at the appeals stage, i.e. at the Bundesfinanzhof that you need to be represented.
No need for a lawyer.

Please read this article explaining the German finance court system: https://www-juhn-com.translate.goog/fac ... r_pto=wapp

[Shanks]

Thank you for clarifying Panda Munich. The Finanzgerichte in Rheinland-Pfalz and Münster ruled against the tax office and referred the case to the BFH in December 2023. On June 27, 2024, the BFH ruled that the loss offset restriction for derivatives under § 20 Abs. 6 Satz 5 EStG is unconstitutional, as reported by PwC. Despite this judgment, tax offices continue applying the rule . I dont understand if the BFH has already ruled this law as unconstitutional, why cant tax statements falling under this law be put on Hold? PWC: https://blogs.pwc.de/en/german-tax-and- ... nsactions/

From Dec 2023 ( lower court's) decision till BFH judgement on June 27th 2024 was surprisingly fast. Just 6 months.


I see that the case is now with the Bundesverfassungsgericht. wow, so we are now going to have to wait for the law itself to be amended. This may take several years and will create unnecessary burden and mental/physical stress on investors affected by this case.

https://dejure.org/dienste/vernetzung/r ... BvL%203/21