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Insights · German Tax

German tax knowledge for individuals

Practical guidance on German income tax, investments, real estate, pensions, shareholdings, inheritances and gifts, as well as cross-border tax issues involving moves to or from Germany and foreign-source income.

German Income Tax

Personal tax questions go far beyond the annual tax return

The German tax position of an individual depends in particular on residence, habitual abode, the type of income received, the individual's asset structure and any international connections.

In addition to employment income, relevant categories may include investment income, rental income, pensions, self-employment income, company shareholdings and capital gains. Foreign-source income can add another layer because tax treaties and foreign tax credit or exemption rules may need to be considered.

The following articles address selected topics from a German tax perspective and highlight areas where a more detailed case-specific analysis is often required.

Topic Overview

German tax topics for individuals

Guidance on income, investments, retirement planning and private transfers of wealth.

01

Pension taxation in Germany

Taxable pension share, pension allowance, statutory pensions, occupational pensions and foreign retirement income.

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02

Sale of shareholdings under Section 17 EStG

German tax treatment of the sale of substantial shareholdings in corporations.

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03

Reporting inheritances and gifts

Reporting to the German tax authorities, the three-month period, exceptions and information required under Section 30 ErbStG.

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04

German CFC taxation under the AStG

The relevance of foreign corporations for shareholders and investors who are tax resident in Germany.

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05

Moving to Germany

Commencement of German tax residence, worldwide income, the year of arrival and international tax coordination.

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06

Coordinating German and U.S. tax returns

Interaction between German income tax, continued U.S. filing, the Germany–U.S. tax treaty and foreign tax credits.

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Investments & Shareholdings

Brokerage accounts, company interests and international investments

Investment income

Interest, dividends, investment funds and capital gains can be subject to different German tax rules.

Company shareholdings

Substantial corporate shareholdings may fall within Section 17 EStG and the German partial-income system.

Foreign companies

Interests in foreign corporations may create additional questions under German CFC rules and applicable tax treaties.

Moving to or leaving Germany

Existing investments and corporate shareholdings should be reviewed before a change of tax residence where possible.

Retirement

Pensions and foreign retirement accounts

For foreign pensions and retirement accounts, the tax treatment in the country of origin is generally not sufficient to determine the German result. For individuals resident in Germany, the applicable German tax rules and any relevant tax treaty must also be considered.

Germany

German pension taxation

Statutory pensions, occupational pensions and private retirement arrangements may each be subject to different rules.

  • Taxable share
  • Pension allowance
  • Occupational pensions
  • Private retirement arrangements
Pension taxation in Germany
Germany ↔ U.S.

U.S. retirement accounts for German residents

401(k)s, Traditional IRAs and Roth IRAs need to be analyzed under German tax law and the Germany–U.S. tax treaty.

  • 401(k)
  • Traditional IRA
  • Roth IRA
  • U.S. pension plans
U.S. retirement income in Germany

Germany–United States

Guidance for U.S. persons and individuals with U.S. assets

US

U.S. person in Germany

Form 1040, FBAR, Form 8938, PFICs, German tax residence and coordination of both tax systems.

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FB

German bank account as a U.S. person

U.S. reporting requirements for German bank accounts, brokerage accounts, interest and investments.

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RE

U.S. real estate on a German tax return

German treatment of rental income, depreciation, treaty rules and the sale of U.S. real estate.

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40

401(k) with German residence

German taxation of 401(k) plans, distributions and treaty classification.

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IRA

Traditional IRA in Germany

German treatment of Traditional IRAs, distributions and treaty classification.

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R

Roth IRA in Germany

German treatment of Roth IRAs, contributions, conversions and distributions.

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International Tax

Moving to Germany, leaving Germany and foreign income

In a cross-border situation, the first question is whether and to what extent Germany has taxing rights over the individual and the relevant income.

In addition to unlimited or limited German tax liability, the applicable tax treaty, treaty residence and the specific category of income may need to be analyzed.

A move to or from Germany can also affect the taxation of investments, company shareholdings, real estate and retirement assets. For this reason, tax analysis before the actual move can be particularly valuable.

Cross-Border

German tax matters involving Switzerland or the United States

In cross-border individual cases, we analyze the German tax position together with the foreign-country rules and the applicable tax treaty.

DE ↔ CH

Germany–Switzerland

Typical issues include residence, cross-border employment, employment income, real estate, investments, pensions and departure from Germany.

Germany–Switzerland tax advice
DE ↔ US

Germany–United States

U.S. persons living in Germany often need to coordinate German tax obligations, continued U.S. filing and international information reporting at the same time.

Germany–U.S. tax advice

Frequently Asked Questions

German tax questions for individuals

When am I subject to unlimited German income tax?
Unlimited German income tax liability can arise in particular where an individual has a residence or habitual abode in Germany. In international situations, an applicable tax treaty may also need to be reviewed to determine treaty residence.
Do I have to report foreign income in Germany?
Individuals subject to unlimited German income tax are generally required to consider foreign-source income as part of their worldwide income. Whether Germany ultimately taxes that income depends on the type of income and any applicable tax treaty.
Are foreign brokerage accounts taxable in Germany?
Investment income and capital gains from foreign brokerage accounts can be relevant for German tax purposes. Unlike with many German banks, German tax may not be withheld automatically, so the income often needs to be reported through the German tax return.
How are foreign pensions taxed in Germany?
The treatment depends on the type of retirement arrangement, German income tax law and, where applicable, the relevant tax treaty. A foreign pension should therefore not be classified solely by reference to its treatment in the country of origin.
Should a move to Germany be reviewed for tax purposes in advance?
Yes, particularly where the individual has substantial investments, company shareholdings, real estate or foreign retirement accounts. A pre-move review can identify German tax consequences before residence changes and may allow transactions to be planned appropriately.
Can you coordinate German and U.S. tax returns?
Yes. For Germany–U.S. cases, the German and U.S. tax positions can be analyzed together and the respective filings, treaty issues and foreign tax credits coordinated.

Tax Advice

Discuss your German tax situation

Whether you need a German tax return, advice on investments, real estate, pensions, company shareholdings or a cross-border matter, the initial consultation is used to identify the relevant issues and define the appropriate scope of work.