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Schleswig-Holstein

Applying for an exemption certificate for tax-privileged foreign investors in investment funds

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

Under certain conditions, tax-privileged foreign investors in investment funds can apply for an exemption certificate for full or partial tax exemption of the investment fund.

Since 1.1.2018, investment funds have been subject to the following with their

  • domestic investment income,
  • domestic real estate income and
  • other domestic income

subject to corporation tax.
With the exemption certificate, investment funds can prove the tax status of their tax-privileged foreign investors so that the investment fund is partially or fully tax-exempt.
Foreign investors can apply for the exemption certificate from the Federal Central Tax Office (BZSt). Investors must then submit the original exemption certificate to their investment fund.
If no exemption certificate is applied for or submitted to the investment fund, the investment fund's income is subject to corporation tax if it is not exempt from taxation.


Process flow

You must submit the application for an exemption certificate in writing to the Federal Central Tax Office (BZSt).

  • Download the form from the online form management system (FMS) of the Federal Tax Administration (BFINV) and fill it out.
  • Print out the completed application form. The application form must then be completed by
    • a legal representative of the investor

or

  • his authorized representative

must be signed.

  • Send the signed form together with the other required documents by post to the office of the Federal Central Tax Office (BZSt) in Bonn.
  • The BZSt will check your application. You may have to answer further questions or submit additional documents.
  • If the BZSt approves your application, it will send you the issued exemption certificate by post.
  • Send the original (not a copy) of your exemption certificate to the investment fund by post.
  • The investment fund will claim your tax advantage from the tax authorities.

Note:
Postal delivery of the exemption certificate abroad is only possible if this is permitted under international law. For some countries, the BZSt is not permitted under international law to send the status certificates by post (a current list of these countries can be found on the BZSt website under "Questions and answers"). In these cases, it is mandatory to specify a domestic (German) authorized recipient.

Requirements

The application for the issue of an exemption certificate can be submitted by

  • tax-privileged foreign investors who hold shares in investment funds domiciled and managed in the following countries:
    • Belgium
    • Bulgaria
    • Denmark, Estonia
    • Estonia
    • Finland
    • Finland France
    • Greece
    • Ireland
    • Italy
    • Croatia
    • Latvia
    • Lithuania
    • Luxembourg
    • Malta
    • Netherlands
    • Austria
    • Poland
    • Portugal
    • Romania
    • Sweden
    • Slovakia
    • Slovenia
    • Spain, Czech Republic
    • Czech Republic
    • Czech Republic Hungary
    • United Kingdom
    • Cyprus
    • Australia
    • Liechtenstein
    • Canada

Further requirements:

  • the foreign investors must be resident in a country that provides administrative and debt enforcement assistance

and

  • be comparable to German tax-exempt investors.
  • A foreign investor is comparable if he has a
    • corporation
    • association of persons

or

  • estate

is,

  • which according to the statutes
  • the foundation transaction

or

  • the other constitution and according to the actual management exclusively and directly
    • charitable
    • charitable

or

  • ecclesiastical purposes

serves

and the foreign investor

  • promotes the tax-privileged purposes of natural persons in Germany

or

  • contributes to the reputation of the Federal Republic of Germany abroad
Which documents are required?

When applying for the exemption certificate, you must submit

  • Extract from the commercial register or comparable proof of registration in the country of origin
  • Proof of recognition of the charitable, benevolent or ecclesiastical purposes in the country of origin
  • Articles of association, foundation law or other constitution
  • Activity report
  • Statement of income and expenditure
  • Cash report
  • Balance sheet with evidence of the formation and development of reserves
  • Records of the receipt of donations and their appropriate use
  • Board minutes, if applicable
What are the fees?

none

What deadlines do I have to pay attention to?
  • Application: the exemption certificate can be applied for retroactively for a maximum period of up to 6 months before the date of application (the date of receipt of the application is decisive)
  • Validity of the exemption certificate: 3 years, after which a new application must be submitted
Legal basis
Appeal
  • Appeal
  • Administrative court action
Applications / forms
  • Forms: yes
  • Online procedure possible: no
  • Written form required: yes (signed application)
  • Personal appearance: no
Author
Forwarding service: Deep link to the original portal

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Finance (BMF)

Professionally released on

20.11.2020

Teaser

Under certain conditions, tax-privileged foreign investors in investment funds can apply for an exemption certificate for full or partial tax exemption of the investment fund.

Process flow

You must submit the application for an exemption certificate in writing to the Federal Central Tax Office (BZSt).

  • Download the form from the online form management system (FMS) of the Federal Tax Administration (BFINV) and fill it out.
  • Print out the completed application form. The application form must then be completed by
    • a legal representative of the investor

or

  • his authorized representative

must be signed.

  • Send the signed form together with the other required documents by post to the office of the Federal Central Tax Office (BZSt) in Bonn.
  • The BZSt will check your application. You may have to answer further questions or submit additional documents.
  • If the BZSt approves your application, it will send you the issued exemption certificate by post.
  • Send the original (not a copy) of your exemption certificate to the investment fund by post.
  • The investment fund will claim your tax advantage from the tax authorities.

Note:
Postal delivery of the exemption certificate abroad is only possible if this is permitted under international law. For some countries, the BZSt is not permitted under international law to send the status certificates by post (a current list of these countries can be found on the BZSt website under "Questions and answers"). In these cases, it is mandatory to specify a domestic (German) authorized recipient.

Requirements

The application for the issue of an exemption certificate can be submitted by

  • tax-privileged foreign investors who hold shares in investment funds domiciled and managed in the following countries:
    • Belgium
    • Bulgaria
    • Denmark, Estonia
    • Estonia
    • Finland
    • Finland France
    • Greece
    • Ireland
    • Italy
    • Croatia
    • Latvia
    • Lithuania
    • Luxembourg
    • Malta
    • Netherlands
    • Austria
    • Poland
    • Portugal
    • Romania
    • Sweden
    • Slovakia
    • Slovenia
    • Spain, Czech Republic
    • Czech Republic
    • Czech Republic Hungary
    • United Kingdom
    • Cyprus
    • Australia
    • Liechtenstein
    • Canada

Further requirements:

  • the foreign investors must be resident in a country that provides administrative and debt enforcement assistance

and

  • be comparable to German tax-exempt investors.
  • A foreign investor is comparable if he has a
    • corporation
    • association of persons

or

  • estate

is,

  • which according to the statutes
  • the foundation transaction

or

  • the other constitution and according to the actual management exclusively and directly
    • charitable
    • charitable

or

  • ecclesiastical purposes

serves

and the foreign investor

  • promotes the tax-privileged purposes of natural persons in Germany

or

  • contributes to the reputation of the Federal Republic of Germany abroad

Which documents are required?

When applying for the exemption certificate, you must submit

  • Extract from the commercial register or comparable proof of registration in the country of origin
  • Proof of recognition of the charitable, benevolent or ecclesiastical purposes in the country of origin
  • Articles of association, foundation law or other constitution
  • Activity report
  • Statement of income and expenditure
  • Cash report
  • Balance sheet with evidence of the formation and development of reserves
  • Records of the receipt of donations and their appropriate use
  • Board minutes, if applicable

What are the fees?

none

What deadlines do I have to pay attention to?

  • Application: the exemption certificate can be applied for retroactively for a maximum period of up to 6 months before the date of application (the date of receipt of the application is decisive)
  • Validity of the exemption certificate: 3 years, after which a new application must be submitted

Legal basis

Appeal

  • Appeal
  • Administrative court action

Applications / forms

  • Forms: yes
  • Online procedure possible: no
  • Written form required: yes (signed application)
  • Personal appearance: no

Author

Forwarding service: Deep link to the original portal

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Finance (BMF)

Professionally released on

20.11.2020

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