Germany: Additional required tax reclaim documentation
The German Tax Authorities (GTA) has published a directive1 from the Federal Ministry of Finance (Bundesministerium für Finanzen – BMF) to the Federal Central Tax Office (Bundeszentralamt für Steuern – BZSt).
This directive describes additional tax reclaim requirements to prevent unjustified reclaims of withholding tax on dividends from shares acquired over the dividend ex-date.
Upon request of the BZSt, non-residents must document when they acquired the shares and provide additional information and documentation.
Note: It is not stated in the directive when BZSt will request additional information, what form and/or document type it should be presented in, or by what medium it must be submitted.
The GTA have not fully clarified the impact on the tax reclaim process for non-German investors.
The BZSt has informed us that, if the applicant/end investor is a funds company, they will require a Resident Entitlement Questionnaire1 in respect of confirmation of shareholder percentage distribution for tax reclaims.
The BZSt have made the questionnaire available in German only but will accept an English version if the translation has the same content and wording as the original German version.
Clearstream Banking2 has been informed that BZSt will request the additional information by sending a separate letter of request or with the (preliminary) official notification.
1. German and English versions of these documents are attached.
2. Clearstream Banking refers collectively to Clearstream Banking AG, registered office at 61, Mergenthalerallee, 65760 Eschborn, Germany and registered in the Register B of the Amtsgericht Frankfurt am Main, Germany under number HRB 7500 (CBF) and Clearstream Banking, société anonyme, registered office at 42, avenue John F. Kennedy, L-1855 Luxembourg and registered with the Luxembourg Register of Commerce and Companies under number B-9248 (CBL).
Further information
For further information, please contact the Clearstream Banking Tax Help Desk on:
| Luxembourg | Frankfurt | |
| Email: | tax@clearstream.com | tax@clearstream.com |
| Telephone: | +352-243-32835 | +49-(0) 69-2 11-1 3821 |
| Fax: | +352-243-632835 | +49-(0) 69-2 11-61 3821 |
or Clearstream Banking Customer Service or your Relationship Officer.
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