March 9, 2022 | 35,00 EUR | answered by Steuerberater Knut Christiansen
Hello,
In principle, when transferring a portfolio without a change of creditor in the event of a gratuitous acquisition according to § 43 para. 1 sentence 4 EStG, the following applies:
"For the purposes of capital gains tax deduction, the transfer of an asset held or managed by a paying agent within the meaning of § 20 para. 2 to another creditor is considered as a sale of the asset. Sentence 4 does not apply if the taxpayer informs the paying agent, specifying the data referred to in sentence 6 numbers 4 to 6, that it is a gratuitous transfer. In cases of sentence 5, the paying agent must provide the following data to the competent branch tax office by May 31 of the respective following year in accordance with § 93c of the Tax Code:
1. Name of the paying agent,
2. the competent branch tax office,
3. the transferred asset, the transfer date, the value at the time of transfer, and the acquisition costs of the asset,
4. Name, date of birth, address, and identification number of the transferor,
5. Name, date of birth, address, and identification number of the recipient, as well as the designation of the credit institution, the depot number, the account, or the book-entry account. If the recipient's identification number is not already known, the paying agent can request this from the Federal Central Tax Office in a machine-readable data set. Only the data specified in § 139b para. 3 of the Tax Code may be provided in the request. The Federal Central Tax Office will provide the paying agent with the identification number of the individual if the transmitted data matches the data stored by the Federal Central Tax Office according to § 139b para. 3 of the Tax Code. If an unambiguous assignment of the recipient is not possible, the depot transfer is to be treated as a taxable transaction subject to capital gains tax according to sentence 4 of this paragraph,
6. to the extent known, the personal relationship (family relationship, marriage, civil partnership) between the transferor and the recipient."
At least this is possible when transferring to a German depot. However, since the depot-holding institution is liable for the non-transferred capital gains tax, there is a possibility that capital gains tax may be levied when transferring abroad. This would need to be clarified with the bank.
I hope this answers your question, otherwise feel free to ask for further clarification.
Please note that this forum cannot replace a comprehensive and personal tax consultation, but is primarily intended to provide an initial tax assessment. The legal assessment of your issue could be different based on the addition or omission of relevant information.
Best regards,
Knut Christiansen
Tax advisor
