Tax exemption for the sale of own limited partnership shares of GmbH & Co KGs.
Tax exemption for the sale of limited partnership shares in GmbH & Co KG.
Dear tax experts,
In 2016, I sold my complete limited partnership shares in two wind farms (both operated by the same company as GmbH & Co KG) to the operator, who later upgraded the facilities as part of a repowering project and bought back most of the shares from the limited partners.
I have now received the tax result notification for the year 2016 from the operator's tax consultancy firm for both buybacks. There is a capital gain because the buyback value is higher than the book value.
In 2017, I sold my limited partnership shares in a solar park (also GmbH & Co KG). A large investor purchased the entire facility through a broker and paid out the limited partners per share. Again, a capital gain is expected to arise.
My question is:
Can I use the tax exemption of €45,000 according to § 16 para. 4 EStG for the capital gains and apply it to all three buybacks for 2016 and 2017? In which section/line of the income tax return should this be indicated?
If not, what other tax exemption can I use?
I am not yet 55 years old, only next year. However, I suspect that special regulations may always refer to the year of the sale.
Thank you for answering my question.
Sincerely,
