Municipal trade tax is levied as a trade income tax
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Municipal trade tax
Federal law
Territorial extent
Germany
Enacted
2002
Commenced
1 December 1936
Amends
Art. 10 G of 16 December 2022
Status: Current legislation
In Germany the municipal trade tax (German: Gewerbesteuer, GewSt) is levied as a trade income tax on the objective earning power of a business.
For this purpose a trade income is determined for municipal trade tax purposes, which regularly results in a municipal trade tax assessment amount of 3.5% of the trade income. The municipality entitled to levy the tax must levy the municipal trade tax at least in the amount of twice the measured amount (minimum assessment rate: 200%).
Until 1997 the trade capital tax was used to tax the substance of a business, irrespective of its income. Since then, it has only been used in the profit additions, which include certain financing costs in the municipal trade tax assessment base. With the 2008 German corporate tax reform, this component was expanded to stabilize municipal trade tax revenue.
Municipal Trade Tax Act (GewStG) of 1 December 1936
The municipal trade tax is the most important original source of revenue for municipalities in Germany.[1] According to Sec. 3 (2) of the German Fiscal Code, it is a real tax or property tax, even if this classification is disputed following the abolition of the trade capital tax and the payroll tax. Municipal trade tax is one of the municipal taxes and property taxes. The legal basis is the Municipal Trade Tax Act (GewStG), the Municipal Trade Tax Implementation Ordinance and, as general administrative regulations, the Trade Tax Guidelines.
^Steuerstatistik des Statistischen Bundesamts (Saved 25 April 2016 in Internet Archive)
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