The separate loss offsetting category previously applied to forward transactions is being abolished.
What is changing
In order to give greater weight again to the simplification objective of the flat-rate withholding tax (Abgeltungsteuer), the following are abolished:
- the separate loss offsetting category for forward transactions, and
- the cap on the offsettability of losses from bad debts.
This is also intended to address the constitutional concerns raised against the loss offsetting restriction.
Entry into force
This applies in all open cases.
Note
For purposes of the capital gains tax withholding, it will not be objected to if the IT implementation at the level of the credit institutions only takes place from 1 January 2026.
Closing transactions involving option writer premiums
Income from capital investments includes, among other things, option writer premiums received for granting options. If the option writer enters into a closing transaction, the premiums paid in the closing transaction are, under a new rule, to be recognised as negative income at the time of payment.
What is changing
The previous wording of the law left open the point in time at which the income is to be reduced by the premiums paid. For reasons of simplification, it was stipulated by administrative directive that the premiums paid and the related ancillary costs are to be recorded as negative investment income in the so-called loss offsetting pool at the time of payment.
The BFH, however, had ruled that the previous administrative practice was not consistent with the wording of the law. According to the explanatory memorandum to the legislation, the now planned amendment to the law is intended to continue the previous administrative practice in the interest of an easily manageable procedure.
Entry into force
This applies from the day after the promulgation.
Frequently asked questions
Frequently asked questions
What is changing in the loss offset rules for derivative transactions?
The separate loss offset category for derivative transactions (Termingeschäfte) and the cap on offsetting losses from bad debts are being abolished. As a result, such losses can again be offset against other investment income without restriction. The background includes constitutional concerns about the previous limitation.
From when does the abolition of the loss offset restriction for derivative transactions apply?
The new rule applies to all open cases. However, for the capital gains tax withholding by credit institutions, it will not be objected to if the IT-related implementation only takes place from January 1, 2026.
How are premiums from closing-out transactions treated for tax purposes?
If a writer pays premiums in connection with a closing-out transaction, these must be recognised as negative income from capital investments at the time of payment. They are recorded in the loss offset pool, including any related incidental costs.
Why was the rule on closing transactions amended by law?
The BFH had ruled that the previous administrative practice was not consistent with the wording of the statute. The legislative amendment now anchors this practice in law to ensure a straightforward, easy-to-apply procedure.
From when does the new rule on closing transactions for option writer premiums apply?
The new rule enters into force on the day after the law is promulgated. From that date, premiums paid on closing transactions must be recorded as negative investment income at the time of payment.