Capital gains tax exemption

Learn how to avoid a capital gains tax deduction.

In certain cases, you can avoid the tax deduction of capital gains from the outset:

Exemption order

If your taxable investment income does not exceed € 801 or € 1,602 per year for jointly assessed spouses, an exemption order to your credit institution is sufficient to avoid the tax deduction of capital gains by the bank.

You can also distribute the saver lump sum of 801 €/1,602 € to several credit institutions. Within a credit institution, it is not permissible to limit the exemption order to individual accounts or custody accounts.

Non-assessment certificate (NV certificate)

If your income, including capital gains, does not exceed the basic income tax allowance in the calendar year, you can apply for an NV certificate at your competent tax office of residence. The NV certificate will then be sent by the tax office.

After presenting the NV certificate to your bank, it can pay out the investment income without deduction of taxes. When it comes to the number of certificates, please keep in mind that you will need a copy for each credit institution where you generate investment income.

An NV certificate will not be issued if you are expected to be assessed for income tax or on application. Therefore, you will not receive an NV certificate if a remaining loss deduction has been determined for you by the tax office.

The NV certificate is issued subject to revocation with a maximum period of validity of three years and must end at the end of a calendar year.

  • Identification number (You must provide your identification number (if applicable, of both spouses/life partners).)
  • Proof of right of disposal
  • If an NV certificate for a minor child is applied for by legal representatives, this application must be accompanied by proof that it is the child's capital assets (e.B the children's right to dispose of the accounts).
  • Exemption order - Application according to officially prescribed model (available from the credit institution).
  • Application for a non-assessment certificate (form NV 1 A).

Related Links

  • § 20 Income Tax Act (EStG)
  • § 32d Income Tax Act (EStG)
  • § 43 Income Tax Act (EStG)
  • § 43a Income Tax Act (EStG)
  • § 44 Income Tax Act (EStG)
  • § 44a Income Tax Act (EStG)
  • § 44b Income Tax Act (EStG)

Responsible for the content
Lower Saxony Ministry of Finance

Last update or date of publication
08.09.2020