The German Exit Taxation According to Section 6 Foreign Transaction Tax Law and Section 50i Income Tax Law: Current Developments and Areas of Concern

Abstract

German residents moving abroad face an exit taxation regime under section 6 Foreign Transactions Tax Law if they hold shares in domestic or foreign corporations. In 2013, the respective provision was amended by section 50i Income Tax Law, which was again fundamentally reformed in July 2014. This provision has been accused to be vague and ambiguous and, as a consequence, implies serious application problems in practical terms both for the fiscal authorities and the tax payer, with tremendous consequences for foreign investment in Germany. Given this background, the following article revisits the most challenging problem areas and offers possible solution approaches.