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Ask a tax advisor on the topic of Severance pay

Payout 2013 how much tax is due if I receive AGL 1?

Good day,

I have been terminated due to operational reasons as of December 31, 2012. According to the discussions so far, I am expected to receive a severance payment of 17,000 euros in 2013. This means that I will then be in tax class 1. My annual income for 2012 is approximately 59,000 euros, and I am in tax class 2 with a child allowance of 0.5. If I now apply the fifth rule, how much tax will I have to pay on the severance payment, and do I need to inform my employer or the tax office regarding my 2013 tax card?
Thank you and have a great day.

Kind regards,

Dr. Yanqiong Bolik

Dear inquirer,

Thank you for your inquiry, which I will gladly answer taking into consideration your commitment and the rules of this platform.

Please note that my explanation is based on the facts presented, and that adding, omitting, altering information, or the ambiguity of the information can change the tax result.

If the "Fünftelregelung" (five-fifths rule) applies, and if you do not have any other income besides the severance payment and ALG 1, then you will not have to pay income tax.

The question is whether the application of the "Fünftelregelung" is applicable in your case. The application of the "Fünftelregelung" is not optional for taxpayers. The severance payment is only subject to taxation under the "Fünftelregelung" if the payment in the year of receipt (2013) leads to a concentration of income. If the necessary requirements are met, the employer is obligated to apply the "Fünftelregelung". An application by the employee is not necessary. In your case, the severance payment (17000 EUR) does not exceed the previous year's salary (59000 EUR). A concentration of income can only occur taking into account other income. You must inform your employer about your other income (including ALG I) so that your employer can determine if the "Fünftelregelung" is applicable.

I hope I was able to provide you with an overview.

If there is still any uncertainty, please feel free to use the follow-up function.

Best regards,

Dr. Yanqiong Bolik
Tax Advisor

Bildstöckle 6, 70567 Stuttgart
Tel: +49 (0)711 / 2132 1815
Email: info@zdbz.de
www.steuerberatung.zdbz.de

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Dr. Yanqiong Bolik

Dr. Yanqiong Bolik

Stuttgart

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