Sale Practice and Clinic GmbH
April 14, 2020 | 50,00 EUR | answered by Steuerberater Knut Christiansen
Inquiry. I discontinued my medical practice on 31.12.2009 and purchased shares in a clinic GmbH for the price of 30,000 €, which I later sold again for 60,000 € at the end of 2018. Additionally, I sold shares in a group practice for 205,000 €, with 120,000 € being paid at the end of 2018. What and how do I need to tax? BSg Benz
Good day and thank you for using frag-einen.com!
I would be happy to answer your questions as part of an initial consultation.
Please enter the sale of the GmbH shares in Appendix G on page 2, line 42. The profit of 30,000 EUR is taxable, but only at 60% (partial income procedure). So, 18,000 EUR are taxable. The tax rate is determined based on your personal income circumstances. However, this only applies if you were at least 1% involved in the capital of the GmbH.
If the participation level was below 1%, then capital gains are present. In that case, the profit should be entered in Appendix KAP and is subject to a flat tax rate of 25%. The profit of 30,000 EUR should then be entered in line 14. The tax rate is determined based on your personal income circumstances.
Regarding your share in the practice: this capital gain from the sale should be entered in Appendix S. The full amount should be stated regardless of the inflow. If you are over 55 years old, you can apply for the tax exemption according to § 16 para. 4 EStG (line 31). Furthermore, there is a favorable tax treatment (fifth-rule) or, upon request, a taxation at 56% of the average tax rate (§ 34 para. 3 EStG).
I hope this answers your question, if not, please feel free to contact me again.
Please note that this forum cannot replace personal advice, but can only serve as initial tax assistance.
Best regards,
Knut Christiansen
Tax advisor
