How to avoid capital gains tax in Germany?

Gefragt von: Klaus Dieter Gärtner
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In Germany, it is possible to reduce or legally avoid capital gains tax through specific allowances and holding periods for certain assets.

How much capital gain is tax-free in Germany?

Capital gains are tax-free up to a certain amount. The tax-free amount on capital gains tax for single persons is €801 per year, for married persons it is €1,602 per year.

How to avoid paying capital gains tax in Germany?

How do I avoid taxes on income from capital gains?

  1. Use your losses in investments to compensate for gains.
  2. Submit a tax exemption order to your bank to avoid unnecessary taxation.
  3. Get a non-assessment certificate from your local tax office to avoid paying withholding tax.

What ISA simple trick for avoiding capital gains tax?

Use tax-advantaged accounts

Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes on assets while they remain in the account.

How much capital gains tax do I pay on $100,000?

Capital gains are taxed at the same rate as taxable income — i.e. if you earn $40,000 (32.5% tax bracket) per year and make a capital gain of $60,000, you will pay income tax for $100,000 (37% income tax) and your capital gains will be taxed at 37%.

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How can I reduce capital gains tax?

How can I reduce capital gains taxes?

  1. Spread your investment gains over several years. With an investment that has performed strongly, you might, for example, sell a portion at the end of 2025, another part in 2026 and the remainder early in 2027. ...
  2. Manage your tax bracket. ...
  3. Sell shares with the highest cost basis.

What is the 20% rule for capital gains tax?

In terms of the same, 20% of the capital gain is effectively exempted from capital gains tax. Accordingly 20% of the proceeds is considered as the value of the property as at the 1st of October 2001 and the capital gains tax is then calculated on the remaining 80%.

How do rich people avoid capital gains tax?

Billionaires often employ the “buy, borrow, die” strategy to avoid income and capital gains taxes. First, they acquire appreciating assets like stocks or real estate. Instead of selling these assets when they need cash (which would trigger capital gains tax), they borrow against them at favorable interest rates.

Is there a loophole around capital gains tax?

Capital Gains Tax 6 Year Rule Explained

The 6 year rule, or six year absence rule, extends the main residence exemption. It lets you treat your former home as your principal residence for up to six years after moving out, even if it is rented as an investment property.

What is the 90% rule for capital gains exemption?

90% of the assets need to be used in business operations at the time of the sale. These figures should not be difficult to reach for an actively operating business, but it could be necessary to move some assets to a holding company or sell them prior to selling the shares.

Who pays 42% tax in Germany?

The tax percentage varies depending on income and the type of tax being considered. For 2024, the tax brackets for income tax are: income up to €11,604 per annum = 0% (no tax) €11,605 to €66,760 = 14% to 42% (progressive rate)

Can I skip capital gains tax?

You can legally minimise or avoid long-term capital gains (LTCG) tax through strategic planning, using tax-advantaged accounts, offsetting gains with losses, and specific reinvestment strategies.

What is the 2 year 5 year rule?

If you have owned the home for at least two years and lived in it for at least two out of the five years before the sale, you may be eligible for certain tax benefits. This is the “2 out of 5-year rule.” The “2 out of 5-year rule” is a term commonly associated with Section 121 of the Internal Revenue Code.

What makes you exempt from capital gains tax?

The seller must have owned the home and used it as their principal residence for two out of the last five years (up to the date of closing). The two years don't have to be consecutive to qualify. The seller must not have sold a home in the last two years and claimed the capital gains tax exclusion.

What is the 183 day rule in Germany?

According to this rule, if an individual spends more than 183 days in a calendar year in Germany, they may be considered a tax resident and subject to German taxation on their worldwide income. Period Calculation: The 183 days can be cumulative and do not need to be consecutive.

What country has zero capital gains tax?

Many entrepreneurs search for jurisdictions where company profits can grow untaxed until they are actually paid out. Countries such as the United Arab Emirates, Singapore or the Cayman Islands are often listed as “no-capital-gains-tax jurisdictions”.

What is a simple trick for avoiding capital gains tax?

Offset your capital gains with losses

Tax-loss harvesting is a tactic that involves selling investments at a loss to offset capital gains from other investment sales. In this case, if you made a profit on your home sale, you can use losses from other investments to reduce your taxes.

What is the 36 month rule?

How Does the 36-Month Rule Work? If you lived in a property as your main home at any time, the last 36 months before selling it are usually free from Capital Gains Tax (CGT). This applies even if you moved out before the sale. The rule is helpful if selling takes longer due to personal or market reasons.

Who qualifies for 0% capital gains?

Capital gains tax rates

A capital gains rate of 0% applies if your taxable income is less than or equal to: $47,025 for single and married filing separately; $94,050 for married filing jointly and qualifying surviving spouse; and.

How to minimise capital gains tax?

  1. Utilise the six-year rule. If the asset in question is real estate, you may be able to take advantage of the six-year rule. ...
  2. Revalue before you lease. ...
  3. Use the 12-month ownership discount. ...
  4. Sell in July. ...
  5. Consider your investment structures. ...
  6. Take advantage of super contributions.

What is a "buy, borrow, die" strategy?

But in the case of someone borrowing against appreciated assets, loan proceeds function identically to cash from an asset sale—except without the associated tax liability. This is the “buy-borrow-die" strategy, which results in appreciation escaping tax entirely.

Can I use a trust to avoid capital gains?

A Capital Gains Avoidance Trust is another important tool in estate planning. As the name says, it allows you to avoid capital gains tax on the sale of appreciated real estate. It can also be effective to avoid taxes on appreciated stock and other personal property.

What is the 5 year rule for capital gains?

Sale of your principal residence. We conform to the IRS rules and allow you to exclude, up to a certain amount, the gain you make on the sale of your home. You may take an exclusion if you owned and used the home for at least 2 out of 5 years. In addition, you may only have one home at a time.

How much capital gains can you get tax free?

For the UK tax year 2025/2026, the CGT annual exempt amount (AEA) is: £3,000 for individuals and personal representatives. £1,500 for most trustees. £3,000 for trustees of trusts where the beneficiary is vulnerable.

What is the maximum income to avoid capital gains tax?

In 2024, single filers making more than $47,025 and married filers—filing jointly—making more than $94,050 are subject to capital gains taxes. In 2025, these limits have increased to $48,350 and $96,700. The table below shows long-term capital gains rates for 2024 and 2025 by income and filing status.