Form descriptions - Germany
Information is provided here about the forms and their use in relation to the procedure for standard refund of withholding tax on income from German securities.
The documentation requirements are as follows:
- Application for a refund of German capital income tax;
- Power of Attorney;
- One-Time Customer Declaration (OTCD) to request German Tax Vouchers;
- Tax Voucher for convertible bonds, certificates and profit participating certificates since 1 January 2013 and for dividend and fund distributions (including those for growth funds or accumulation funds) since 1 January 2012);
- Credit Advice (for convertible bonds, certificates and profit participating certificates up to 31 December 2012 and for dividend and fund distributions (including those for growth funds or accumulation funds) up to 31 December 2011);
- Letter of Request to Clearstream Banking for Reclaim of German Withholding Tax;
- Fund Status Certificate;
- Auftrag zur Abrechnung von Erträgen mit dem ermäßigten Kapitalertragsteuersatz i.S.d. § 7 Abs. 1 InvStG
PDFs of the Clearstream Banking forms are available under Tax forms to use - Germany
Application for a refund of German capital income tax
The Application forms for a refund of German capital income tax are available on the website of the Federal Central Tax Office (Bundeszentralamt für Steuern; BZSt) and must be completed online.
To access the correct form, the beneficial owner or customer under Power of Attorney must:
1. Go to the BZSt website via the above-mentioned link.
2. Select “Refund Forms”
3. Select the appropriate form for your refund request from the list of available forms.
How to fill the form
For detailed information on how to complete the application form, please refer to the information on BZSt website.
The example below (“Application for refund of German capital income tax (de/en)”) provides guidance to fill the reclaim form via Clearstream Banking and not directly to the BZSt. How to complete the different chapters of the refund form is to be understood as an example, without our liability on completeness and accuracy.
- When you select the refund request form, change the language to English if applicable; then
- Select the Legal basis for the claim.
Depending on whether the Legal basis for the claim is “DTAs/other bilateral agreements and section 43b of the Income Tax Act (directive 2011/96/EU) and section 44a (9) of the Income Tax Act” or “Agreements for international organisations and entities”, different questions must be answered in the form. For "DTAs/other bilateral agreements and section 43b of the Income Tax Act (directive 2011/96/EU) and section 44a (9) of the Income Tax Act", the beneficial owner or customer under Power of Attorney must select before completing the form:
- Country/territory;
- Applicant's legal form.
Once all the required information has been completed online, the beneficial owner or customer under Power of Attorney must print out and sign the form.
Customers should note that corrections on the form are not allowed.
Box I. Applicant (= creditor of the capital income)
Beneficial owners or customers under Power of Attorney must complete the requested information.
Box II. Authorised representative
Important note: If beneficial owners or customers under Power of Attorney wish to send the reclaim form via Clearstream Banking and not directly to BZSt, the following data must be completed in Box II.
Box III. Bank details for tax refund
Important note: If beneficial owners or customers under Power of Attorney wish to send the reclaim form via Clearstream Banking and not directly to BZSt, the following data must be completed in Box III.
Box IV. General information
Beneficial owners or customers under Power of Attorney must answer all relevant questions.
Clearstream Banking can only check if each question has a checkmark.
Box V. Refund applied for
This field automatically uses the total sum from Box IX on the next page.
Box VI. Declaration of honour
Beneficial owners or customers with a Power of Attorney must complete and sign this box.
If the customer or a third party is completing the form on behalf of the beneficial owner, a Power of Attorney must be provided. There is no formal requirement for a Power of Attorney.
Box VII. Certification by the tax authority of the applicant's country of residence/ establishment
This box must be completed by the foreign tax authority and the "Certificate of Residence" must always be stamped and signed on the form.
Box VIII. Documentation and information generally required for processing the application
Beneficial owners or customers under Power of Attorney must answer all relevant questions.
Clearstream Banking can only check if each question has a checkmark.
Box IX. Taxed income
Beneficial owners or customers under Power of Attorney must choose if one of the following capital inflows include income from depository receipts on domestic shares.
If yes, then at least one type of income must have selected with "A" (= Income from depository receipts on domestic shares).
The type of income must be selected for each refund listed in the form.
Who completes it? | Beneficial owner or customer under Power of Attorney. |
How often is it provided? | Per reclaim application. |
When is it provided? | At the latest, one month before the statutory or Double Taxation Treaty (DTT) deadline, whichever is applicable. |
Copy or original? | Original required. |
Power of Attorney
If the customer or a third party is completing the form on behalf of the beneficial owner, a Power of Attorney must be provided.
Who completes it? | Customer. |
How often is it provided? | Per reclaim application. |
When is it provided? | At the latest, one month before the statutory or DTT deadline, whichever is applicable. |
Copy or original? | Original required. |
One-Time Customer Declaration (OTCD) to request German Tax Vouchers
Before requesting German Tax Vouchers via the BO Upload List application or starting tax reductions instruction based on the German Investment Tax Act (Investmentsteuergesetz; InvStG), customers must first complete the relevant OTCD:
- OTCD Clearstream Banking AG German version;
- OTCD Clearstream Banking AG English version;
The OTCD must then be sent via mail to:
Clearstream Operations Prague s.r.o.
Attn: PTR - Tax Services
Futurama Business Park Building B
Sokolovska 662/136b
CZ-18600 Prague 8
Czech Republic
The OTCD needs to be provided on letterhead paper and/or with a company stamp and authorised signatures.
Who completes it? | Customer. |
How often is it | Once. Valid until revoked. |
When is it provided? | Before requesting German Tax Vouchers. |
Copy or original? | Original required. |
Request for German Tax Voucher or tax reduction breakdown (upload)
The customer can file an application for a single tax voucher (“Einzelsteuerbescheinigung”) with respect to either their own assets or to those of their client. The customer can also file an instruction or tax reduction breakdown based on the German Investment Tax Act (Investmentsteuergesetz; InvStG).
An application for a German tax voucher or tax reduction breakdown with respect to a Clearstream Banking customer’s assets must be made via electronic upload of a data file in the name of the beneficial owner/end-investor of the capital income (see BO Upload application).
Upload processing rejections can be avoided among other by using a dot “." as a separator for shares and fractions. A comma "," should not be used as a separator in your file when ordering German Tax Vouchers. For a full list of guidelines, refer to the German Investment Tax Act (InvStG) webpage.
Who completes it? | Customer. |
How often is it provided? | Per individual request. |
When is it provided? | Per individual request. |
Copy or original? | Original required. |
Credit Advice
The document is for information only and/or exceptional handling, as tax vouchers must be provided since 2012 or, in some cases, since 2013 in order to start tax reclaim via the BZSt).
Identifies income payment details including the security type, gross amount of payment, date of payment and amount of tax withheld. The credit advice must reconcile with the information in the Claim for Refund of German Withholding Taxes on Dividends and/or Interest.
Who completes it? | Financial institution paying the beneficial owner. |
How often is it provided? | Per reclaim application. |
When is it provided? | At the latest, one month before the statutory or DTT deadline, whichever is applicable. |
Copy or original? | Original required. |
Letter of Request to Clearstream Banking for Reclaim of German Withholding Tax
This authorises Clearstream Banking to reclaim withholding tax from the German Tax Authorities on the customer's behalf.
Who completes it? | Customer. |
How often is it provided? | Per reclaim application. |
When is it provided? | At the latest, one month before the statutory or DTT deadline, whichever is applicable. |
Copy or original? | Original required. |
Fund Status Certificate
Dividends and similar taxable income in German equities, participation rights and convertible bonds, held by a foreign investment fund company via a non-German account in Clearstream Banking AG or in general in Clearsteam Banking S.A. can be processed by Clearstream Banking at the reduced tax rate of 15% withholding tax, if evidence is provided for classification of the investment fund as a fund pursuant to § 1 InvStG or a special investment fund pursuant to § 53 InvStG. The Fund Status Certificate needs to be provided to Clearstream Banking AG on or before the relevant taxable income payment date. Customers must in addition provide a break down to disclose the fund company (identified by the Ordnungsnummer) and the relevant holdings of the fund company per single income payment to get taxation at a reduced rate of 15% (withholding tax standard rate including solidary surcharge). This per payment information must be provided to Clearstream Banking AG 30 calendar days after the record date of the taxable income event latest, using the existing Upload Beneficial Owner List functionality.
If the Fund Status Certificate of a foreign investment fund is submitted after the payment date of the event, the overpaid KESt amount (11.375%) can be reclaimed by applying the standard tax refund procedure and presenting the relevant documents to the Federal Central Tax Office within the statutory deadline.
The Fund Status Certificate must be requested from the German Tax Authorities (in most of cases the BZSt).
Who completes it? | The Fund Status Certificate must be requested from the German Tax Authorities (in most of cases the BZSt). |
How often is it provided? | Once, during the period of validity. The Fund Status Certificate is valid three years. |
When is it provided? | Before the first tax reduction breakdown |
Copy or original? | Original required. |
Auftrag zur Abrechnung von Erträgen mit dem ermäßigten Kapitalertragsteuersatz i.S.d. § 7 Abs. 1 InvStG
To use the Standing Instruction Service offered by Clearstream Banking AG, customers must complete the request “Auftrag zur Abrechnung von Erträgen mit dem ermäßigten Kapitalertragsteuersatz i.S.d. § 7 Abs. 1 InvStG” available under Tax forms to use - Germany (an English version for information only is available as well). The completed request must be:
- Printed on letterhead paper and/or submitted with company stamp;
- Duly signed; and
- Sent to the the following address:
Clearstream Banking AG
Attn: Tax Support Frankfurt - OSF
D-60485 Frankfurt am Main
Germany
In addition to the request, customers must:
- open an omnibus account (main account, for example xxxx/000); OR
- use an existing omnibus account.
on which they hold only securities subject to German withholding tax for entitled and certified fund companies or segregate the securities on the account for this purpose.
Segregated, non-German securities can also be used on the omnibus account.
Who completes it? | Customer. |
How often is it | Once. Valid until revoked. |
When is it provided? | Before using the new omnibus account. |
Copy or original? | Original required. |