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Are Capital Gains from Stocks Taxed in Germany and Asset Inheritance Taxes?

Question from msr, Are Capital Gains from Stocks Taxed in Germany and Asset Inheritance Taxes?

Answer from AI:

Taxation of Capital Gains from Stocks in Germany

In Germany, capital gains from stocks are typically taxed under specific conditions. If you hold stocks for more than a year, the gains are usually tax-free. There is also a tax-free allowance of up to €600 per year for capital gains, which applies to all capital investments, including stocks.

Analysis of Each Income Source

  • a. Military Pay / Federal Government Pension: Generally not taxed in Germany.
  • b. VA Disability Benefits: Not taxable, as they are considered compensation for services.
  • c. Survivor Benefit Plan (SBP): Not taxed, similar to other pensions.
  • d. Social Security Benefits: Taxable in Germany, though the US-Germany tax treaty may provide exemptions or credits.
  • e. Rental Income, Interest, Dividends, 401K: All taxable in Germany. Dividends are subject to a 25% withholding tax plus a solidarity surcharge.
  • f. Roth TSP, Roth 401K: Since taxes were paid in the US, withdrawals are typically tax-free in Germany due to the tax treaty.

Estate Tax Considerations

Germany imposes inheritance tax on assets exceeding the €500,000 exemption for spouses and children. The tax rate can be up to 19% for spouses and children. However, the US-Germany tax treaty may prevent double taxation. Consider estate planning strategies such as trusts or utilizing treaty benefits to mitigate taxes.

Recommendations

Consult a tax professional to navigate the complexities and ensure compliance with both US and German tax laws. Consider estate planning to minimize tax burdens on your heirs.

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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.

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