Applying for a separate assessment for the tax refund of capital contributions in accordance with the German Corporation Tax Act

Service Description

As a foreign corporation or association of persons, you are not obliged to maintain a tax deposit account. If you provide services as a foreign corporation or association of persons such as

  • Payments of profit shares (dividends) or other payments from
    • shares,
    • profit participation rights,
    • from shares in limited liability companies or economically comparable benefits (non-exhaustive list),

to domestic shareholders, you can apply for a separate determination of a non-taxable repayment of capital contributions.

The subject of the determination is all payments made by the applicant from their notional tax contribution account.

When submitting the application, not only the contributions and payments made by domestic shareholders must be stated, but in principle all contributions and payments. The obligation to provide evidence begins from the point in time at which the contributions whose repayment is claimed were made.

The application must be submitted in writing using the officially prescribed form to the tax authority that is locally responsible for taxing the applicant's income at the time the application is submitted. If no tax authority has local jurisdiction at the time the application is submitted, the application must be submitted to the Federal Central Tax Office (BZSt).

Important note:
Foreign investment funds that make certain payments to their domestic shareholders, such as

  • certain distributions by the investment fund,
  • advance lump sums,
  • profits from the sale of investment units,
  • distributed income,
  • income equivalent to distributions and
  • gains from the sale of special investment units,

can no longer apply for a separate determination of a tax refund of capital contributions in accordance with the German Corporation Tax Act from the 2018 tax year.

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

Competent Authority

Bundeszentralamt für Steuern (BZSt), Arbeitsbereich Einlagenrückgewähr

Address
DGZ-Ring 12
13086 Berlin, Stadt
Telephone
+49 228 406-0
Fax
+49 228 406-2665
Opening times

Monday 9:00 a.m. to 12:00 p.m.

Tuesday 9:00 a.m. to 12:00 p.m.

Wednesday 9:00 a.m. to 12:00 p.m.

Thursday 9:00 a.m. to 12:00 p.m.

Friday 9:00 a.m. to 12:00 p.m.