In the dispute over a possible double taxation of the pension, retirees have to hurry.
Should the BFH collect the action of the authorities, possible reimbursements beckon - under one condition.
Munich - Thousands of pensioners in Germany feel they have been treated unfairly.
The reason is a possible double taxation of their pensions.
According to experts' calculations, many retirees could have paid 1000 euros too much - per year.
Now the Federal Fiscal Court (BFH) in Munich has to decide.
The verdict is expected on May 31st.
The outcome of the proceedings is currently still completely open.
But if you want to secure possible claims, you have to hurry.
Pensioners can only hope for a possible repayment if they object to their tax assessment in good time.
Double taxation - what do pensioners have to consider?
The prerequisite is that retirees submit their objection to their tax assessment in writing.
This is the only way to be entitled to a refund of taxes that have been overpaid.
Important: The objection must be made within one month of the notification of the tax assessment.
First of all, pensioners should file a tax return.
Objections to possible double taxation can only be lodged with the tax assessment from the tax office.
With the help of this sample letter, retirees can file an objection and thus defend themselves against double taxation:
Double taxation: how did the legal process come about?
The origin of the procedure is the so-called downstream taxation initiated in 2005 by the then federal government made up of the SPD and the Greens. A long transition phase will apply to their implementation until 2040. Implementation is complicated under tax law, many pensioners complain about double taxation, first in their working life and then again in retirement.
Two oral proceedings are currently being negotiated before the Federal Fiscal Court.
A tax advisor and a dentist sue.
The doctor has been retired since 2009 and has received various retirement benefits since then.
When looking at his tax bill, the retired dentist felt he was being treated unfairly and suspected unconstitutional double taxation.
He sued the Hessian tax court, but the chamber refrained from reimbursing the taxes that had been overpaid.
The 100.21 euros were assessed as insignificant in view of the tax volume.
Double taxation put to the test - judgment with a signal effect for thousands of plaintiffs
Even so, the court confirmed that the former dentist had paid taxes twice. A verdict with a signal effect. More than 140,000 other plaintiffs are now waiting for the judgment of the Federal Fiscal Court. If the plaintiff is right, the tax offices would have to recalculate their tax assessments and the retirees could look forward to repayments. The Federal Ministry of Finance, on the other hand, emphasized that the federal government did not want to take advantage of any pensioners: "We want fair taxation," said Rolf Möhlenbrock, head of the tax department at the ministry. "Nobody should be used in excess."
The plaintiff sees it differently.
The double taxation burdened him.
"The whole thing is bad for me," quotes the
dpa
.
He had not been able to maintain his standard of living in old age.
“And I'm being punished by double taxation.” The verdict is expected on May 31.
The retired medic and thousands of other plaintiffs are eagerly awaiting it.
The federal government will also look to Munich.
With 21 million pensioners in Germany, it could be expensive for the tax authorities if a verdict in favor of the plaintiff is reached.
(
jjf / AFP / dpa
)
List of rubric lists: © Hans-Jürgen Wiedl / dpa