Germany: Business Environment
In general, all expenses incurred in the course of business operations are deductible. Germany offers unilateral tax relief, allowing companies to credit foreign taxes paid up to the amount that is subject to domestic tax or to deduct foreign tax as a business expense. Net operating losses up to EUR 1 million can be carried back one year for corporation tax (for losses incurred between 2020-2023 the limit has been increased to EUR 10 million, in response to the COVID-19 crisis), but this provision does not apply to trade tax. Losses can be carried forward indefinitely and deducted up to a total income of EUR 1 million without limitation. For losses exceeding this amount, the excess can be deducted up to 60% of the total income. However, from 2024 to 2027, this limit is temporarily increased, allowing excess losses to be deducted up to 70% of the total income. Deduction of net interest expense is generally limited to 30% tax EBITDA.
Start-up and formation expenses are deductible. Bad debts incurred on business activity with unrelated parties are deductible if it is apparent that they are irrecoverable and all attempts to pursue the debt have failed or been abandoned.
Donations to charity organizations that respect certain parameters, whether in cash or in kind, are deductible up to the higher of 20% of otherwise net taxable income or 0.4% of the total of sales revenue and wages and salaries paid during the year.
Paid taxes are deductible, except for corporation tax, trade tax, and the VAT on most non-deductible expenses. Fines and penalties are not deductible. The deductibility of certain royalty payments to related parties has limitations. Payments to foreign affiliates can be deducted, provided the amounts are at "arm’s length".
According to the German Research Allowance Act (Forschungszulagengesetz), a tax-free subsidy of 25% of salaries and wages for certain R&D purposes shall be guaranteed up to a limit of EUR 1 million/year (until 30 June 2026). Furthermore, the maximum assessment basis for eligible expenses incurred after March 27, 2024, has been increased to EUR 10,000,000. This results in a maximum R&D allowance of EUR 2,500,000 per year, or EUR 3,500,000 for certain small and medium-sized enterprises.
The straight-line method is used to calculate depreciation for both movable and fixed assets, based on the asset's estimated useful life. A depreciation table (AfA-Tabelle) established by the Federal Ministry of Finance provides the specific depreciation period for each asset. Assets with a net value below EUR 800 can be fully depreciated right away. For movable assets acquired or produced between 2020 and 2022, a temporary accelerated depreciation method utilizing the declining balance approach has been introduced. The depreciation factor applicable under this method can reach up to 2.5 times the current depreciation rates but is limited to 25% annually. Furthermore, under the recent legislative changes in the Growth Opportunities Act of March 27, 2024, movable fixed assets acquired or manufactured between March 31, 2024, and January 1, 2025, may use the declining balance method for depreciation. This method allows for a depreciation rate of up to 20% per annum, with a maximum rate of twice the straight-line depreciation rate.
Employers are liable for social security contributions, as follows:
- Pension insurance: 9.3%
- Unemployment insurance: 1.23%
- Health insurance: 7.3% (the health funds may levy a supplement of 1.7% on average)
- Invalidity insurance: 1.525% (with a surcharge of 0.35% for employees without children)
- Statutory nursing care insurance: 1.7%
In 2024, pension and unemployment contributions are capped at monthly salary limits of EUR 7,550 in Western Germany and EUR 7,450 in Eastern Germany. Health and invalidity insurance contributions are capped at EUR 5,175 per month across both regions.
The insolvency contribution, payable solely by the employer, is set at 0.09% of income, capped at EUR 84,600 annually (EUR 81,000 in the new federal states).
Germany | OECD | United States | |
Number of Payments of Taxes per Year | 9.0 | 10.1 | 10.6 |
Time Taken For Administrative Formalities (Hours) | 218.0 | 163.6 | 175.0 |
Total Share of Taxes (% of Profit) | 48.8 | 41.6 | 36.6 |
Source: Doing Business, Latest available data.
Personal Income Tax for single taxpayers | Progressive rate from 14% to 45% |
From EUR 0 to EUR 11,604 | 0% |
From EUR 11,604 to EUR 66,760 | Geometrically progressive rates between 14% and 42% |
From EUR 66,760 to EUR 277,825 | 42% |
Above EUR 277,826 | 45% |
Personal Income Tax for married taxpayers | |
From EUR 0 to EUR 23,208 | 0% |
From EUR 23,208 to EUR 133,520 | Geometrically progressive rates between 14% and 42% |
From EUR 133,520 to EUR 555,650 | 42% |
Above EUR 555,650 | 45% |
Solidarity Contribution is added as a mandatory surcharge | 5.5% of the amount of the income tax No solidarity surcharge is levied any longer for individuals filing separately and having an income tax burden up to EUR 18,130, and for married filing jointly taxpayers with an income tax burden of up to EUR 36,260. If the aforementioned thresholds are exceeded, a sliding scale is applied |
Church Tax (applicable to resident members of certain officially recognised German churches) | 8 or 9% of the annual income tax liability. It varies according to the district of residence |
Trade Income Tax (levied on business income) |
For individuals and partnerships a tax-free amount of EUR 24,500 generally applies Each municipality is responsible for the final tax assessment |
Actual expenses for child care can be deducted up to a maximum of EUR 4,000 per year/child (for children under 14 years or for handicapped children).
Deductions are provided for parents and children with low income (documentary evidence of low income is required), up to EUR 9,984; and for children older than 18 who are being educated in Germany or certain foreign countries, up to EUR 924 per year. A lump-sum deduction of EUR 36 for a single person or EUR 72 for married couples is provided without the need for proof.
Employees working from home who don’t have a separate office room in their home can claim a flat rate of EUR 6 per day spent working from home and entrepreneurs can claim this lump sum as a business expense (capped at EUR 1,260/year).
Losses not offset in the year in which they occur can either be carried back to the previous year up to EUR 1,000,000 (increased to EUR 10,000,000 for 2020-2025) or carried forward indefinitely. In the latter scenario, a full offset of EUR 1 million per year is allowed, while any loss carryforward beyond EUR 1 million can only be utilized within specific yearly thresholds. For married taxpayers filing jointly, these amounts are doubled.
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Latest Update: November 2024