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Deutsche dividend

21 September 2010
Issue: 4273 / Categories: Forum & Feedback
A UK resident but non-domiciled individual has received a dividend from a German company, but there is some uncertainty as to whether this is capital or income

My client is resident and ordinarily resident but not domiciled in the UK (domiciled in Germany).

The remittance basis applied for the years up to and including 2007/08 and the arising basis applied for 2008/09. A decision has not yet been reached regarding 2009/10.

In 2009/10 my client received a large dividend from Germany which was tax free under German law as it was paid out of the company’s ‘steuerliches einlagekonto’.

The company’s website says that ‘the dividend is not subject to taxation in other words no capital gains tax or solidarity surcharge is deducted from it. This is because dividends are paid out in full from the tax contribution account (German Corporation Tax Act (KStG) s 27).

The dividend is therefore entirely tax free for all shareholders in Germany. Likewise international shareholders are paid the dividend without the deduction of any German taxes. Whether...

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