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Alternative assessment basis according to §43a paragraph 2 of the Income Tax Act

August 16, 2009 | 20,00 EUR | answered by Dipl.BW/SB Ulrich Stiller

Hello,
I bought a bond with variable coupon in 2003 (value 2500 euros) that runs until 17.10.2009. I sold this bond on 21.01.2008. In 2006, there was a change of custody/bank transfer, so the selling bank did not know the purchase value and therefore charged the paper with 30% substitute assessment basis according to §43 a paragraph 2 EStG.

The following data is known:

Purchase 2003 - 2500 euros (Hypovereinsbank)

Sale
Market value 2467.50 euros
Interest as of 21.01.2008 20.08 euros
Substitute assessment basis according to §43 a paragraph 2 EStG 740.25 euros
Creditable ZAst 18.10 euros
Soli for ZAst 0.99 euros
Withholding tax and SolZ paid to the tax office for corporations in Berlin tax number 337119

Question: Which documents do I need to submit and how and where should it be entered to achieve taxation of the substitute assessment based on (presumed) market yield and not burden my tax exemption. According to the annual tax certificate, 760.33 euros in line 6 KAP - but that is incorrect or at least not sufficient, I have already figured that out!

Dipl.BW/SB Ulrich Stiller

Dear client,

If the bank does not know the acquisition values, the capital gains tax is calculated based on the substitute assessment base (30% of the proceeds from the sale/redemption, § 43a para. 2 sentence 7 ff. EStG). You can reclaim an excessive tax deduction through income tax assessment (assessment according to § 32d para. 4 EStG). Therefore, enter the 760€ in line 6 column 1, the interest deduction in line 6 column 3, and the solidarity surcharge in line 44 (page 2) of the attachment Kap. Also, submit the annual tax certificate from the bank as an attachment to your tax return to the tax office.

I hope my explanations have been helpful to you.

Sincerely,

Ulrich Stiller
Tax advisor