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# Capital gains tax paid on investment income (collective item)

Help on the Immodio entry item Capital gains tax paid on investment income (collective item).

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Use this category for **capital gains tax withheld from a partnership** where the capital gains tax is first recorded as a collective item and not yet assigned to an individual shareholder.

A typical case of application is an asset-managing partnership, for example a German GbR or another partnership that earns investment income and where a bank or another paying agent withholds capital gains tax.

### What does "collective item" mean?

The addition **"collective item"** is decisive here.

With a partnership, several shareholders can have a share in the income and therefore also in the associated amounts of tax withheld. Where capital gains tax was withheld, the total amount can first be recorded in this collective account before being assigned to the individual shareholders.

### A typical example

An asset-managing GbR owns several let properties.

There are temporarily liquid funds in the GbR's bank account. The bank credits the GbR with **€1,000 of interest**, for example.

On this investment income the bank withholds capital gains tax, for example.

The capital gains tax does not become an ordinary expense of the property letting. Rather, it is an **amount of tax withheld** that can be assigned for tax to the shareholders involved and taken into account when they are taxed.

### How does capital gains tax work?

With certain investment income, income tax is already levied on payout by deduction of tax. This includes various dividend, interest and securities income in particular. Section 43 EStG governs which investment income is subject to withholding of capital gains tax.

{% hint style="info" %}
For typical investment income, capital gains tax is generally **25% of the investment income**. For certain special cases, however, Section 43a EStG provides for different rates.
{% endhint %}

### An example with bank interest

An asset-managing GbR receives interest on a bank account.

Assume in simplified terms:

**Gross interest income:** €1,000\
**capital gains tax withheld:** €250\
**payout before further deductions of tax:** €750

For the tax analysis, interest income of merely €750 may not be applied.

Rather, the tax withheld has to be treated separately. As far as the statutory conditions are met, the income tax levied by deduction of tax can be credited against the income tax. Section 36 (2) EStG governs this crediting.

Where there are several participants, the relevant amounts of tax withheld are also taken into account in the separate and uniform determination.

### Why is this category intended above all for partnerships?

For income tax purposes a partnership is in principle not simply to be equated with a corporation such as a GmbH.

Where several people share in income and that income is attributable to them for tax, the income is in principle **determined separately and uniformly**. That also applies to the associated bases of taxation.

Section 180 (5) of the German Fiscal Code expressly makes clear that these rules also apply as far as **amounts of tax withheld are to be credited against the tax assessed**.

### Typical forms of company

The category can be relevant in particular for asset-managing partnerships, for example for a:

* GbR,
* KG,
* GmbH & Co. KG, as far as the specific classification for tax fits the V+V bookkeeping used,
* other partnership with several participants.

{% hint style="info" %}
Whether a specific set of facts actually belongs in this account depends, however, on the company's tax structure and on the type of investment income.
{% endhint %}

### Normally do not use this category for a private sole owner

Where you own your properties **alone as a private individual** and capital gains tax was withheld from your personal investment income, the collective item for a partnership is in principle not the right case of application.

The very purpose of this item is to record amounts of tax collectively first, before they are assigned within the shareholder structure.

### Investment income can nevertheless be connected with the letting

Investment income is not always automatically income under Section 20 EStG.

Section 20 (8) EStG provides that investment income belonging to other types of income, expressly including **letting and leasing**, is to be attributed to that income.

Section 43 EStG also makes clear that a deduction of capital gains tax can in principle occur even where the investment income is part of the creditor's income from letting and leasing.

A capital gains tax situation can therefore certainly arise in the environment of a letting company. Nevertheless the tax withheld itself remains **an amount of tax withheld and not an item of income-related expenditure**.

### No final settlement effect where it is attributed to letting income

With ordinary private investment income, the deduction of capital gains tax can in principle have a final settlement effect.

Section 43 (5) EStG, however, expressly makes an exception where the investment income belongs to income from **letting and leasing**, for example. In these cases the normal final settlement effect of the deduction of capital gains tax does not apply.

That is a further reason why such cases have to be documented properly and attributed correctly for tax.

### Capital gains tax is attributed to the shareholders later

With a partnership, income and the associated bases of taxation are attributed to the individual participants.

The amounts of tax withheld can accordingly be significant for taxing the participants. Section 180 of the German Fiscal Code expressly provides for a separate determination for amounts of tax withheld to be credited as well.

Be sure to keep the tax certificates, therefore.

Crediting capital gains tax withheld generally requires under Section 36 EStG that the tax certificate necessary for it is available or that the details provided for by law were transmitted.

### Record the solidarity surcharge separately

Alongside capital gains tax, a solidarity surcharge can be withheld from investment income.

There is a separate collective item for this, which you have to enter in the category "[**Solidarity surcharge paid on investment income (collective item)**](/en/anleitung/einnahmen-und-ausgaben/buchhaltung-erweiterung/10023800-bezahlter-solidaritaetszuschlag-fuer-kapitalertraege-sammelposten.md)".

### Record church tax separately

Church tax withheld is likewise recorded separately in its own collective item. Use the category "[**Church tax paid on investment income (collective item)**](/en/anleitung/einnahmen-und-ausgaben/buchhaltung-erweiterung/10023600-bezahlte-kirchensteuer-fuer-kapitalertraege-sammelposten.md)" for this

Where a bank statement contains capital gains tax, a solidarity surcharge and church tax, the three amounts should therefore be entered separately.

### Assignment in Immodio

With this category, as the **assignment** first select **Owner** and then the partnership or the legal entity kept as an owner in Immodio for which the capital gains tax arose.

With a partnership it is also important for the participants or shareholders to be stored correctly, because the amounts of tax withheld can later be assigned to the participants for tax. You can find further information on creating the individual shareholders [**here**](/en/anleitung/einnahmen-und-ausgaben/buchungen-einem-gesellschafter-zuordnen.md).

### Do not enter here

Do not use this category in particular for:

* capital gains tax from the private securities portfolio of an individual landlord with no connection to the partnership,
* income tax payments,
* advance payments of income tax,
* corporation tax,
* the solidarity surcharge on investment income,
* church tax on investment income,
* foreign withholding tax,
* bank fees,
* debt interest,
* repayments,
* running income-related expenditure of the letting.

### Which documents should you keep?

Keep in particular:

* the tax certificate from the bank or paying agent,
* the account or portfolio statement,
* evidence of the gross investment income,
* the amount of capital gains tax withheld,
* the solidarity surcharge shown separately,
* the church tax shown separately,
* documents on the partnership,
* the shareholders' participation shares,
* the declaration or notice of determination,
* documents on the later allocation of the collective item to the shareholders.

This documentation is important because the capital gains tax withheld is not treated as an ordinary expense but can be relevant for crediting it for tax to the participants later.
