What does this legal document offer you?

• Appeal against your tax assessment notice
• For your losses from forward transactions at the tax office
• With current legal situation
• You refer to the current model judgment of the Federal Fiscal Court

With this legal document you achieve that the tax assessment remains open, i.e. does not become final. This is the crux of the matter when dealing with tax on losses from forwards, options, futures and contracts for difference (CFDs for short). An open tax assessment can be countered with everything that tax law has to offer.

It is important that you send the objection to the tax office, stating the current legal situation. This will keep the process open. Until the current test case at the Federal Fiscal Court is finally decided following the positive decision of 07.06.2024. The test case at the Federal Fiscal Court revolves around the crucial question: Is the tax on losses from forward transactions unconstitutional? The sticking point is that you are only allowed to offset losses up to a maximum of 20,000 euros – this is stated in the 2020 Annual Tax Act. This violates the principle of equality in the German Basic Law.

The test case at the Federal Fiscal Court revolves around the crucial question: Is the tax on losses from forward transactions unconstitutional? The sticking point is that you can only offset losses up to a maximum of 20,000 euros – this is stated in the Annual Tax Act 2020. This violates the principle of equality in the Basic Law.

Until the final ruling of the Federal Fiscal Court, it is therefore completely open whether you have to pay tax on your forward transactions or not. Therefore, refer to the model complaint and lodge an objection to your tax assessment. This will prevent your tax from becoming legally binding and you will benefit from the test case.