Income tax guidelines

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Basic data
Title: General administrative regulation for the
application of income tax law
Short title: 2008 Income Tax Guidelines
Previous title: Income Tax Guidelines 2005
Abbreviation: Income tax 2008
Type: General administrative regulation
Scope: Federal Republic of Germany
Issued on the basis of: Art. 108 para. 7 GG
Legal matter: Tax law , tax procedural law
Issued on: December 16, 2005
( Federal Tax Gazette I special number 1/2005 p. 3)
Entry into force on: January 1, 2005
Last change by: Art. 1 EStÄR 2008
of December 18, 2008
(BStBl. I p. 1017)
Effective date of the
last change:
January 1, 2008
(Art. 2 EStÄR 2008
of December 18, 2008)
Please note the note on the applicable legal version.

In the income tax guidelines ( Income Tax ) is the instructions of the Ministry of Finance to the tax authorities . They are supplemented by the income tax information. The income tax guidelines are not a tax law , but are intended to ensure that the income tax law is applied and interpreted uniformly by the tax offices . The purpose is to simplify administration, to take into account BFH rulings and changes in the law in administrative practice, and to ensure equal treatment of income taxpayers .

The instructions may by a federal body (the BMF) to institutions of the country are directed (the tax) because this of Art. 108 para. 7 of the Basic Law is expressly permitted.

The current income tax guidelines were published as Article 1 of the General Administrative Regulation for the Application of Income Tax Law (Income Tax Guidelines 2005 - EStR 2005) in the BStBl.  I published special issue 1/2005. In the following years, individual sections of the income tax guidelines were changed, most recently on December 18, 2008 (BStBl. I p. 1017). This consolidated version, which contains all changes up to and including 2008, is known as the 2008 Income Tax Directive (EStR 2008) .

The structure of the income tax guidelines has been based on the structure of the Income Tax Act (EStG) since 2005 . An individual guideline is abbreviated as follows: After the letter R comes the number of the paragraph of the Income Tax Act to which this guideline relates; then there is a period and finally, if there is more than one guideline for this paragraph, a sequential number. Example: R 34b.4 refers to the fourth guideline to § 34b EStG.

Current status

General administrative regulation for the amendment of the income tax guidelines 2008 (income tax amendment guidelines 2012 - EStÄR 2012). The EStÄR 2012 were published in the Federal Tax Gazette on March 28, 2013.