Separate and uniform determination of tax bases for foreign special investment funds
Description
Since 1 January 2018, investment funds with their
- domestic equity revenues,
- domestic real estate income, and
- other domestic income
corporate income tax.
The tax bases of foreign special investment funds and their investors are usually determined by the Federal Central Tax Office (BZSt). At the end of the financial year, special investment funds must prepare a declaration for separate and uniform determination and submit it to the BZSt.
Hint:
In the case of domestic special investment funds and foreign special investment funds whose income taxable in Germany is not subject to tax deduction in whole or in part, the declaration must be submitted to the locally competent tax office. The BZSt is only responsible for foreign special investment funds whose income taxable in Germany is fully subject to tax deduction or which do not generate any income taxable in Germany at all.
The declaration on the separate and uniform determination of foreign special investment funds must be made by:
- the domestic or foreign management company, or
- the domestic investor
In the declaration of the assessment procedure, you must submit:
- Annual report or the annual financial statements and the management report for the past financial year
- in the case of a distribution: a binding decision of the management company on the appropriation of the proceeds
- Prospectus (if a prospectus has been drawn up)
- Share register
- Reconciliation calculation, which shows how the tax bases were determined from commercial or investment accounting
- Lists of totals and balances showing the composition of the income and income-related expenses of the special investment fund
- Documents on the distribution of income among individual investors
- Submission of the declaration for separate and uniform determination: within 4 months of the end of the financial year
Important note:
If a resolution on a distribution is made within 4 months of the end of the financial year, the declaration does not have to be made until 4 months of the date of the resolution.
- for the processing of the application: usually 4 months
- Objection
- Administrative court action
- Forms: yes
- Online procedure possible: no
- Written form required: yes
- Personal appearance: no
Form "034269 InvSt 1 - Declaration for the separate and uniform determination of tax bases according to § 51 InvStG (ID: 034269)"
If necessary, the forms:
- "034270 Anlage FB-InvSt (ID: 034270)"
- "034271 Attachment FB-InvSt Distribution (ID: 034271)"
- "034272 Anlage FB-InvSt-EK (ID: 034272)"
- "034273 Appendix FB-InvSt-Retention (ID: 034273)"
- "034274 Appendix FB-InvSt-VG (ID: 034274)"
- "034275 Appendix FI-EK (ID: 034275)"
- "034276 Appendix FI Distribution (ID: 034276)"
- "034277 Appendix FI Retention (ID: 034278)"
- "034278 system FI-SoBest/FB-InvSt-SoBest (ID: 034278)"
- "034279 Anlage FI-STK/FB-InvSt-STK (ID: 034279)"
You must submit the declaration for separate and uniform assessment in writing to the Federal Central Tax Office (BZSt).
- Download the form from the Online Form Management System (FMS) of the Federal Finance Administration (BFINV) and fill it out.
- Print out the completed application form. The application form must then be submitted by
- a legal representative of the investment fund, or
- its authorized representative
be signed.
- Send the signed form together with the other required documents by post to the BZSt office in Bonn.
- The BZSt will check your declaration. You may have to answer further questions or submit additional documents.
- The submitted declaration is considered a determination of the tax bases. In the event of deviations, the BZSt will issue a notice of change and inform you of this notice by post.
Federal Ministry of Finance (BMF)
20.04.2021
The text was automatically translated based on the German content.
