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Pensions from old contracts are not subject to taxation on the share of earnings

Annuity payments from an insurance contract concluded before 2005 with a lump-sum option are not subject to income share taxation.

Under certain conditions, the benefits from a pension insurance policy with a lump-sum option taken out before 2005 are tax-free. Whether or not the policyholder exercises the lump-sum option has no effect on tax considerations, according to the Federal Fiscal Court. Contrary to the view of the tax office, monthly pension payments are also not other income, but income from capital assets and are therefore not subject to the income share tax.


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