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- Title
Betriebliche Altersvorsorge: Klassifizierung ausländischer Pensionspläne.
- Authors
Scheller, Peter; Wangerowski, Alexander
- Abstract
The article "Company Pension Plans: Classification of Foreign Pension Plans" deals with the tax treatment of foreign pension plans in Germany. It emphasizes that foreign pension schemes are applicable under German tax law if they are structurally and performance-wise comparable to German pension instruments. The ruling of the Federal Fiscal Court (BFH) of October 28, 2020 states that only the earnings portion of a US-American 401(k) pension plan must be taxed in Germany. It is pointed out that the distinction between the different layers of retirement provision in Germany is important in order to correctly classify the tax treatment. It is also explained that the tax promotion of foreign company pension plans depends on certain criteria, such as the provision of biometric risk coverage and favorable payout forms.
- Subjects
GERMANY; PENSIONS; BUSINESS enterprises; GERMAN language; TAX deductions; TAX laws; EMPLOYERS; FEDERAL courts; RETIREMENT; PENSION trusts; 401(K) plans
- Publication
FinanzRundschau, 2022, Vol 104, Issue 16, p752
- ISSN
2567-4765
- Publication type
Article
- DOI
10.9785/fr-2022-1041604