Tax liability | Lukinski https://lukinski.com Tue, 01 Mar 2022 15:44:57 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.5 Capital gains tax (KapESt): How much? Allowance, GmbH, Shares & Law https://lukinski.com/capital-gains-tax-kapest-how-much-allowance-gmbh-shares-law/ Mon, 08 Mar 2021 14:00:24 +0000 https://lukinski.de/capital-gains-tax-kapest-how-much-allowance-gmbh-shares-law/ Capital gains tax – Most legal forms of business are subject to tax. Depending on the legal form, income tax, corporate income tax, sales tax, trade tax and/or capital gains tax are due by law. Under certain circumstances, it is possible for some companies to be exempt from one or more of these types of tax. What percentage is capital gains tax? What is the capital gains tax exemption amount? When is capital gains tax payable? How much is capital gains tax? An overview! Back to: Taxes.

Capital gains tax (KapESt) – tax on profit distribution

Tax law provides that – in addition to the income tax of any natural person with shareholder status – capital gains tax is levied on all natural persons resident in Germany who benefit from a distribution of profits. As a result, the recipient – but not the corporation – is burdened. The capital gains tax burdens both the profit income of shareholders of a GmbH and the distribution of dividends to shareholders of a stock corporation.

Other taxes for businesses:

If you want to learn more specifically about taxes for real estate companies, you can learn more here:

Capital gains tax in detail – collection, levy & special cases

For the sake of simplicity, 25 percent of the dividend is withheld directly by the AG for share holders, similar to the way regular employers withhold wage tax (LSt) for their taxable employees. Capital gains tax – abbreviated to KESt, KapESt, KapErtSt or KapSt – is a special form of income tax levied here: Once the tax burden has been withheld, the income tax is deemed to have been paid and the income does not have to be declared in more detail – at least insofar as no other type of income applies or the special tax rate applies.

If, on the other hand, the registered office of a shareholder is abroad, the so-called withholding tax comes into effect and the provisions of the double taxation agreement (DTA) of the respective country must be taken into account. The final withholding tax is also levied on shares held as private assets within Germany.

Allowance for single persons & partners

The banks grant different options so that taxpayers can use tax-free amounts for themselves and, if necessary, distribute them. The so-called saver’s allowance is generally available to everyone and currently amounts to €801 per year for single persons and double that amount for spouses and registered partners: €1,602. The first euro above the exemption limit and all subsequent amounts are taxed as usual at 25 percent.

Which companies are subject to capital gains tax?

Most natural persons are subject to income tax. If they are also shareholders in a corporation – for example, a limited liability company (GmbH) or a stock corporation (AG) – capital gains tax also applies in many cases. The capital gains tax is also commonly referred to as the flat rate withholding tax (Abgeltungsteuer) and primarily taxes dividends and interest income at a flat rate of 25 percent. Usually, the tax office is informed automatically by the banks, similar to the way an employer pays the wage tax for his employees.

Overview of company law forms

You can find more information about the different legal forms under the following links. Starting with the sole proprietorship and the registered traders… to the various partnerships and corporations… to other companies such as the family foundation – all the essential aspects of formation, liability, tax burden and more explained simply and understandably! First of all, an overview of the individual legal forms of companies:

Taxes in Germany: List

Corporation tax (KSt), income tax (ESt), capital gains tax (KapESt), turnover tax (USt), trade tax (GewSt) – who pays what? In this overview of the different types of taxes / tax forms in Germany, you will find relevant taxes for you as an individual and for your company, depending on which legal form you have chosen. In addition, after the tax list: How does the tax cycle work around monthly financial statements, annual financial statements and balance sheets? A little insight for those starting their first company. What taxes are there? Simple explanations, definitions, tax optimization, an insight into taxes.

]]> A day in Bingen with the real estate expert – On the building site https://lukinski.com/a-day-in-bingen-with-the-real-estate-expert-on-the-building-site/ Sat, 22 Sep 2018 23:14:54 +0000 https://lukinski.de/a-day-in-bingen-with-the-real-estate-expert-on-the-building-site/ Morning, 10 o’clock in Bingen on the Rhine. Today I visit the real estate expert in his office in Bingen to find out what a day in the real estate world is like. The developer owns numerous properties himself, builds new properties, refurbishes & renovates and offers an extensive customer service, from caretaker service, to craftsmen. So I’m very excited to see what’s in store for me on the day and what tasks await a property expert on a day-to-day basis. My current knowledge about real estate is still limited and therefore I have a long list of questions, which is why I am even more excited about what will tell me today about the profession of property developers and the business.

What does a property developer do anyway? – Tasks of a real estate expert

He explains to me that a property developer offers complete packages for his customers, so to speak. That means he buys land and builds on it at his own risk, not only houses, but also condominiums or apartment buildings, for example. His customers get from him, so ready to move into houses or apartments including the associated land.

Planning of construction projects

The developer himself takes over the entire planning of the construction project. He commissions construction companies, craftsmen, etc., coordinates the tasks and manages the construction. He is responsible for ensuring that everything goes smoothly and that budgets and schedules are adhered to.

For the buyer, this means that he does not have to deal with authorities or construction companies. The property and the land ownership are only transferred to the customer when he has satisfied himself during the acceptance of the property that everything has been carried out free of defects and in accordance with the contract.

The developer is therefore the builder up to this point and in this capacity obtains all permits and supervises the construction.

Property developers are very free in their real estate offer and they can decide for themselves whether they commit themselves to a certain type of house or apartment or whether they show a large offer. Property developers can acquire large plots of land from the municipality and build new housing developments with various residential concepts, but they can also build on smaller plots of land with adapted houses at the individual request of the customer.

Example: Capital investment (ETW) in Bingen

You are looking for an attractive capital investment in the Rhine-Main region. Welcome to Bingen on the Rhine! Take advantage of the current interest rate situation and invest now in the Rhine-Main region. In a central location with a fantastic view of the Rhine and the Rheingau, 25 modern and bright condominiums will be built in the usual high quality.

From the cosy two-room apartment with approx. 66 m² of living space to the spacious four-room apartment with approx. 152 m² of living space, this exclusive residential domicile offers the right property for every situation in life. The immediate proximity to the river as well as to several parks and local recreation areas, combined with excellent transport links, make the Rheintal Terraces so unique.

A visit to construction site #2 in Bingen

The real estate expert leads me through the shell – A new object of the expert is just under construction. In the middle of the center of Bingen he builds a party house with 20 apartments. From the outside the house already looks really good. Small things are missing and the finishing touches, but the building is not finished yet.

Over a gravel path we enter the house and already here the construction noise drones towards us. In the house itself, it looks not yet as finished as from the outside. Partially already tiled floor, otherwise raw walls, floors & stairs.

We walked through the half-finished staircase to the 2nd floor of the house, here we also met construction workers who were laying parquet flooring in the living room. He explained to me that as a developer he visits the building sites almost daily to check on the progress and to supervise the construction. The workmen greet him, many of them old acquaintances who have built many houses with him, he explains. The roof terrace of the apartment we are standing in is breathtaking, balconies out on both sides, floor-to-ceiling windows, and the beautiful view of the Rhine, the vineyards and the city not to forget.

Although we are standing in the middle of a construction site, there is a homely feeling and you would like to move in yourself. The real estate expert explains to me that it takes about one and a half years until such a project is completed.

“Every time it makes me happy all over again to see a completed property and the faces of the happy new tenants”

…according to the expert. Next we go to one of his new projects. When we arrived, I had to laugh, because we were standing in front of a big hole in the middle of two houses. Here, a house was recently demolished and now the hole for the new foundation was dug. Here, too, the excavator driver greeted us directly with a big grin on his face. He, too, has often worked for the expert. We briefly discuss some details with the excavator driver, while I walk back and forth in the pit. Hardly imaginable that on this piece, on which now only much dust & stones lie once a house should stand.

Work in the office: sales and construction coordination

That happens behind the scenes with the real estate expert – Last on this day the way leads us to the office of the real estate expert. This is located directly in Bingen on the Rhine, we drove up and at first I thought we were at the wrong address, because we were standing in front of a winery.

The expert explained to me that this winery once belonged to his grandfather and that now his uncle ran it after a small tour of the wine cellars I was already very impressed. A true family business. Right next to the winery you can find the office of the real estate expert in an idyllic atmosphere. Large windows reveal a view directly onto the Rhine, the vineyards and of course Bingen. Three other employees also work in the company. They greet me warmly at the door. The employees assist with daily tasks, manage sales and construction coordination. Another employee also works in the administration. There is a friendly atmosphere, small jokes are made and then get back to work.

The office, very invitingly designed, on the meeting table are plans of various houses and sketches of meetings. The real estate expert also has a story to tell about this house, because the house in which it is located belonged to his grandmother. He took over the house and moved into the premises.

Company foundation: From 0 to property developer

When the company was founded, he worked from his living room. First the first employee came, then the second and at some point there was no more room to live there and he decided to make his apartment his office. That’s how a simple apartment and a dream turned into a successful company. I am thrilled by the positive atmosphere and the cooperation of the employees, you can see at first glance that great work is being done here.

My day with the real estate expert ends and I get a bottle of wine from the family winery to take with me on my way.

My conclusion – the real estate expert leads a great and innovative company, which has a lot of potential to grow. The projects that he realizes in Bingen and the surrounding area, which are under the slogan ‘ … we make Bingen more beautiful!′, are fully justified. The small town directly on the Rhine is given a very special charm by the properties of the developer.

Capital investment (ETW) in the Rhine-Main area

Few locations in Germany carry as much potential as the Rhine-Main region. The financial sector in Frankfurt am Main, picturesque landscapes in the Rhine Valley, unique real estate between the banks and rugged cliffs. In no other region of Germany, does Germany look so “German”. Pure romance between vineyards, castles, palaces. The Rhine-Main region is a magnet for tourism, characterized by a strong economy around the metropolitan region of Frankfurt am Main / Mainz / Wiesbaden. Capital investment in the metropolitan region around Frankfurt or a few minutes away in the Rhine and Main valley? An insight:

Capital investment in Bingen

As reported above, here you will find everything from the cozy two-room apartment with about 66 m² of living space to the spacious four-room apartment with about 152 m² of living space, in an exclusive residential domicile. The immediate proximity to the river as well as to several parks and local recreation areas, combined with excellent transport links, make the Rheintal Terraces so unique.

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