Correction of imputed capital gains tax

If it can subsequently no longer be proven that the capital gains tax was actually withheld in a cum/ex transaction, the tax office can subsequently reclaim excess tax amounts refunded.

Capital gains tax on so-called "cum/ex transactions" can only be offset if it has actually been withheld. The person wishing to claim the credit has a corresponding obligation to cooperate and provide evidence. If the actual withholding cannot be proven or can no longer be proven, the tax office is generally entitled to amend a tax credit ruling that has already been issued and to reclaim excess tax amounts that have been refunded. This was decided by the Hessian Fiscal Court in proceedings concerning the suspension of enforcement, which is now the subject of a pending appeal to the Federal Fiscal Court.