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Deduction of debt interest in the event of excess withdrawals –

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According to § 4 para. 4a EStG, business debt interest is generally not deductible to the extent that it is attributable to excess withdrawals. An excess withdrawal occurs if the withdrawals in a fiscal year are higher than the sum of profit and contributions; if the withdrawals are lower than this sum, a so-called underwithdrawal occurs. Non-deductible is debt interest in the amount of 6% of the excess withdrawal, but not more than the actual expense of debt interest, if it exceeds 2,050 euros.

After the Federal Fiscal Court

had limited the assessment basis for determining non-deductible debt interest, the tax authorities have revised their application decree accordingly. Accordingly, the non-deductible debt interest may be calculated at most on the basis of the accumulated withdrawal surplus (i.e. all withdrawals less all contributions); this may lead to more favorable results if losses exist.

(For further comments, information and examples, please refer to our information letter 03/2019).

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Neumann & Walczak – tax consulting company GmbH – Robert-Bosch-Strasse 1 – 59439 Holzwickede

Neumann & Walczak Tax Consultants – Partnership –
Robert-Bosch-Strasse 1 – 59439 Holzwickede

Website: www.neumann-walczak.de – E-mail: info@neumann-walczak.de

Phone: (0049) 02301 – 91 291 0 – Fax: (0049) 02301 – 91 291 21