Capital 2 Flashcards

1
Q

How is the schedular income tax in Germany?

A

Accrual Method:
(1) Income from agriculture and forestry
(2) Income from trade or business
(3) Income from independent professional services

Cash method (Standard income):
(4) Income from employment, including compensation
from past employment
(5) Income from capital investment
(6) Rental income from immovable property and income
from royalties
(7) Other income, i.e. gains from private transactions,
alimony, annuities

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2
Q

Schedular income tax: Germany:

What are tax breaks and the restriction of loss compensation?

A

Tax breaks:
- Different for different categories of income
- Example: category (4) = €1,230, category (5) = €801

Restriction of loss-compensation
- Losses from capital investments cannot be compensated with positive income from other categories

  • Income from capital investments cannot be compensated with losses from other categories (exceptions)
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3
Q

Schedular income tax: Germany:

What are the tax rates and tax assessment?

A

Tax rates
- Income from capital investments (5) is subject to a final withholding tax at a rate of 25%
- All other categories of income are taxed progressively at a rate of 14% to 45%

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4
Q

Schedular income tax: Germany:

What are the tax rates and tax assessment?

A

Tax assessment
- Income from categories (4) and (5) is taxed at source; withholding tax might be credited against tax due
- Filing of a tax return for all other categories of income

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5
Q

What is the Schedular income tax in United Kingdom

A

a) Income from employment (Part 2 of the considered Income Tax Act)
b) Pension income (Part 9)
c) Social security income (Part 10)
d) Trading income (Part 2)
e) Property income (Part 3)
f) Savings and investment income (Part 4)
g) Miscellaneous income (Part 5)
h) Charitable Trusts (Part 10)
i) Accrued Income Profits (Part 12)
j) Tax Avoidance (Part 13)

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6
Q

Scheudlar income tax: United Kingdom:: Tax breaks?

A

Tax breaks
- Different for different categories of income
- Example: part of interest from individual savings account is tax exempt

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7
Q

Scheudlar income tax: United Kingdom:: Restrictions of loss compensation?

A
  • Sometimes losses arising under a particular schedule are deductible only in computing profits from the same source
  • Losses in a trade, profession or vocation (trading and profit income (Part 2)) can be deducted optionally from total income before deducting personal reliefs
  • Capital gains are taxed separately
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8
Q

Scheudlar income tax: United Kingdom:: Tax rates?

A
  • Dividends: 8.75% - 39.35%– Savings: 0% - 45%
  • Other income: 20% - 45%
  • Capital gains: 10% - 20% (up to 28% on gains related to residential property)
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9
Q

Scheudlar income tax: United Kingdom:: Tax assessment?

A

Tax assessment
- Income from employment, in many cases savings (e.g. interest paid by banks) and certain other categories is taxed at source; withholding tax is credited against tax due
- Filing of a tax return for all other categories of income

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10
Q

What is the concept of the Accrual method (comprehensive income, accrual 2: only realised capital gains)?

A
  • Income defined as profit
  • Profit as difference between the net assets at the end of the tax year and the end of the proceeding tax year
  • Gains and losses related to business generally fully included in the tax base and taxed at ordinary tax rates upon realisation
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11
Q

What is the cash method (standard income)? Regarding income and capital gains

A
  • Income is defined as the differences between earnings over expenditures to acquire, secure and/or maintain revenue
  • Capital gains or losses from the disposition of private assets are generally not subject to income tax
    NB: capital gains and capital losses are subject to tax if a capital gains tax exists
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12
Q

What is the timing difference between cash method and accrual method?

A

Cash method
- Income (earnings and expenditure) in general recognized upon payment
- Cash method does not apply in case of acquisition of assets: acquisition costs (expenditure) capitalised and deducted as capital allowances, e.g. acquisition costs for buildings in case of rental income

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13
Q

What is the timing in accrual method?

A

Accrual method: income is based on accounting profits, income and expenditure in the year they occur regardless of actual payment
- Realisation principle
- Imparity principle (prudence)
- Interest and liquidity effects due to different tax payments in different years; effect is increased by progressive tax schedules

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14
Q

What are the two repercussions (Auswirkungen) in a global income tax, whenever an individual, partnership or company makes a loss?

A
  • Any year of assessment using as its basis period one in which the loss was incurred will have a nil tax assessment
  • The loss is, in tax terms, an asset which may be used to cancel out or relieve tax assessments of that
  • or other years, so that the taxpayer will either pay less, or he will be able to claim a reimbursement of taxes
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15
Q

What is the loss compenstion under a schedular income tax system?

A

= loss compensation may be limited

  • Losses arising under a particular schedule are deductible only in computing profits from the same source
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16
Q

What is the Mutually exclusive rule?

A

Mutually exclusive rule: different categories of income might be mutually exclusive

Example: property income is taxed seperately from trading income, even if the activities associated with earniing that income seem similar

17
Q

What is meant with overriding rules?

A

Overriding rules: different categories of income might override other categories

Example: Germany: Certain categories (e.g., (5) rental income, (6) capital income, (7) miscellaneous income) can be overridden by other categories if the income is connected to them.

18
Q

What is tax arbitrage?

A

Tax arbitrage refers to the practice of shifting activities or income between different tax categories to reduce tax liability

  • Individual taxpayer: Saves taxes.
  • Government: Faces a loss in tax revenue.
19
Q

What is the differene between a hybrid income tax and a global income tax?

A

Hybrid income tax
- (1) deduction of certain savings from the base
- (2) reduced/zero tax rate on certain income from capital

GLobal income tax:
- (1) no deduction from tax base
- (2) full taxation when received

20
Q

What is the differene between a hybrid income tax and a consumption tax?

A

Hybrid income tax
- (1) deduction of certain savings from the base
- (2) reduced/zero tax rate on certain income from capital

Consumption tax:
- (1) full deduction from tax base or
- (2) no taxation

21
Q

What is the hybrid income tax? In more detail

A

Hybrid income tax
- (1) deduction of certain savings from the base
- (2) reduced/zero tax rate on certain income from capital

(1):
- Premiums for old-age pensions
- Contributions to certain savings plans

(2):
- Lower tax rates on certain categories of capital income
- Tax exemption of certain categories of capital income

22
Q

What is excempt income?

A
  • Certain social distributions
  • Scholarships
  • Certain types of interest
  • Certain pensions
  • Certain insurances
  • Certain capital gains
23
Q

What are reasons/objectives for exempting certain income?

A
  • Lack of professional, market or work-related activity
  • Activities are not included in enumerated categories of income
  • Certain categories of income follow the definition of standard income
  • Expenses to generate income were not tax deductible in total
  • Incentives for private savings and old-age pensions
  • Avoidance of double taxation of income
24
Q

Conclusion: What is the final “definition” of income?

A

instead of a– global, uniform definition..
– …an exhaustive enumeration of certain categories of income exists

25
Q

What is the most common system of income taxation?

A
  • Achieved income prevails
  • Schedular income tax systems
  • Most tax systems are hybrid to a certain extent
26
Q

Conclusion: What is the final “scope and determination of income”?

A
  • Coexistence of accrual method and cash method
  • Accrual method: both standard income and capital gains are taxable
  • Cash method: only standard income is taxable, if no separate capital gains tax exists
  • Capital gains are tax-exempt, if only cash method is applicable to a certain category of income, e.g. capital gains upon the disposal of buildings used to
    provide rental income in Germany