For co-entrepreneurships, the amount of the restructuring gain and the amount of the reducing items must also be assessed separately. A new provision is intended to clarify in which cases this still applies.
What is changing
The tax exemption for restructuring gains also applies in cases of residual debt discharge.
An amendment is intended to clarify that in these cases as well (as with restructuring gains), tax-related elective rights must be exercised in a profit-reducing manner.
Likewise applicable by analogy is the rule under which, in the case of joint assessment of spouses, the current amounts and loss carryforwards of the other spouse must be included when reducing the amounts.
Entry into force
This applies from the day following the promulgation.
Frequently asked questions
Frequently asked questions
Does the tax exemption for restructuring gains also apply in cases of discharge of residual debt?
Yes, the tax exemption for restructuring gains also applies in cases of discharge of residual debt (Restschuldbefreiung). A statutory clarification ensures that the rules on restructuring gains apply accordingly.
Must tax elections be exercised in a profit-reducing manner in the case of discharge of residual debt?
Yes, by analogy with restructuring gains, tax elections must also be exercised in a profit-reducing manner in the case of discharge of residual debt. This ensures that any available reductions are fully utilized before the tax exemption takes effect.
How do loss carryforwards of a spouse affect restructuring income in the case of joint assessment?
For jointly assessed spouses, the current amounts and loss carryforwards of the other spouse must be included in the reduction. This rule applies analogously in cases of discharge of residual debt.
What must be determined for co-entrepreneurships with regard to restructuring gains?
For co-entrepreneurships (Mitunternehmerschaften), both the amount of the restructuring gain and the amount of the reducing items must be determined separately. A new provision clarifies in which cases this separate determination remains required.
When do the clarifications on the tax exemption of restructuring gains take effect?
The new rules apply from the day after the relevant law is promulgated. Retroactive entry into force is not provided for.