Promotion of electromobility and further income tax changes planned

As part of the draft law for the further fiscal promotion of electromobility and the amendment of other tax regulations (so-called “Annual Tax Act 2019“), a number of new income tax regulations are planned – regularly from January 1, 2020 – among other things:

• Introduces a new tax exemption for in-kind services provided as part of alternative living arrangements. After that the Advantages of a living spacener (e.g. of a student) from the use of a property belonging to him for his own residential purposes Accommodation provided or apartment and the food provided to him as remuneration in kind in exchange for the contribution of services in the private household of a housing provider (e.g. a senior citizen or a young family) tax free; the receiving services are at the housinggiver ebenalls tax-free (new § 3 No. 49 EStG).
• It is regulated by law that parents can claim the pension expenses of children as “own” special expenses regardless of whether the support was provided by the parents in cash or in kind.
• As an alternative to the tax exemption of Grants of the employer for journeys of the employee with public transportation to the place of work (see Section 3 No. 15 of the German Income Tax Act (EStG)), a flat-rate wage tax option of 25% is to be introduced, even if the benefits in kind are not granted in addition to the wages owed anyway; there is no credit against the flat-rate distance allowance in the case of flat-rate wage tax.

• The exemption limit for benefits in kind of 44 euros is restricted: In particular, benefits for employees’ private (supplementary) insurance are no longer eligible.
  In the case of discounted rentals of apartments by employers to employees (employee apartments), no taxable remuneration in kind will be recognized in the future if the employee pays at least 2/3 of the local rent.
• The
  per diems for meals
  for business trips – depending on the duration of the absence – are to be increased from 24 euros to 28 euros or from 12 euros to 14 euros from 2020. Drivers who spend the night in the vehicle can claim an overnight allowance of 8 euros per day as income-related expenses in addition to the meal allowance.
• Contrary to current case law, with effect from January 1, 2020, it is to be regulated that the uncollectibility of a private capital claim, the derecognition or the transfer of worthless capital investments to a third party shall not be considered as a tax-effective sale within the meaning of Section 20 para. 6 EStG is taken into account.

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

Neumann Walczak & Partner Tax Consultant and Lawyer – Partnership –
Robert-Bosch-Strasse 1 – 59439 Holzwickede

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