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Taxation in Germany

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Through Germany, Indirect tax and Value-added tax

Some taxes, such as customs duties and certain excise taxes, are collected exclusively at the federal level, while others, including income tax, corporation tax, and VAT, are shared between the federation and the states. Municipalities levy local taxes, including property tax (Grundsteuer) and trade tax (Gewerbesteuer).

Taxation principles

German tax law is subject to constitutional principles set out in the Basic Law (Grundgesetz) and interpreted by the Federal Constitutional Court. These include:

  • Equality: taxation should generally reflect a taxpayer's economic ability to pay, and taxpayers with the same economic capacity should be taxed equally.
  • Legality: tax authorities must assess and collect taxes uniformly in accordance with the law.
  • Minimum subsistence: income needed to provide a minimum level of subsistence must remain free from taxation.

Articles 105–107 of the Basic Law determine how taxing powers and tax revenue are divided between the federation, the states and municipalities.

Distribution of revenues

Article 106 of the Basic Law determines how tax revenue is divided between the federation, the states and municipalities. Some taxes accrue primarily to one level of government: federal taxes include energy, tobacco and insurance taxes; state taxes include inheritance and real property transfer taxes; and municipal taxes include trade tax and property tax.

Income tax, corporation tax and value-added tax are joint taxes whose revenue is shared between the federation and the states. Municipalities also receive shares of income tax and value-added tax.

Article 107 provides for financial equalisation among the states. Differences in their financial capacity are reduced mainly through adjustments to the distribution of value-added tax revenue, supplemented by federal grants.

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