May 28, 2019 11:30
5 yrs ago
6 viewers *
German term
Gewinneinkünfte und Überschusseinkünfte
German to English
Bus/Financial
Law: Taxation & Customs
Dear all,
I am in the midst of translating a document relating to German income tax law, which discusses the seven different times of income under the EStG, and the subsequent classification of these seven types into two categories, "Gewinneinkünfte und Überschusseinkünfte". There's an "official" translation of the seven categories on the Bundeszentralamt fuer Steuern's website, but I can't find anything that refers to these two overarching terms. Would anyone have any suggestions? "Profit income" and "surplus income" don't seem particularly satisfactory to me!
Seven categories, for reference:
https://www.steuerliches-info-center.de/EN/SteuerrechtFuerIn...
I am in the midst of translating a document relating to German income tax law, which discusses the seven different times of income under the EStG, and the subsequent classification of these seven types into two categories, "Gewinneinkünfte und Überschusseinkünfte". There's an "official" translation of the seven categories on the Bundeszentralamt fuer Steuern's website, but I can't find anything that refers to these two overarching terms. Would anyone have any suggestions? "Profit income" and "surplus income" don't seem particularly satisfactory to me!
Seven categories, for reference:
https://www.steuerliches-info-center.de/EN/SteuerrechtFuerIn...
Proposed translations
(English)
4 +4 | Definition required | Ted Wozniak |
5 | retained earnings and surplus income | Cillie Swart |
2 -1 | (UK-approx.) Schedule D vs. Schedules A, (old system PAYE) E + F | Adrian MM. |
Proposed translations
+4
18 mins
Selected
Definition required
As the distinction between the two types of income rests solely on the source of the income, and no such distinction is made in Anglo/American systems, the only way to "translate" them is to provide a definition.
Gewinneinkünfte = profits from agriculture, forestry, trade, and self-employment.
An alternative option is "income from commercial operations, independent personal services, or agriculture and forestry
Überschussinkünfte = Überschuss der Einnahmen über die Werbungskosten (excess of receipts over income-related expenses)
Alternatively: profits from employment, investments, rental and lease income and other income within the meaning of section 22 EStG
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Note added at 38 mins (2019-05-28 12:08:41 GMT)
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Looking back in my TM, I found an old (2007) entry where I translated Gewinneinkünfte as "income taxed as trade profits". I would still go with my longer explanation above.
Gewinneinkünfte = profits from agriculture, forestry, trade, and self-employment.
An alternative option is "income from commercial operations, independent personal services, or agriculture and forestry
Überschussinkünfte = Überschuss der Einnahmen über die Werbungskosten (excess of receipts over income-related expenses)
Alternatively: profits from employment, investments, rental and lease income and other income within the meaning of section 22 EStG
--------------------------------------------------
Note added at 38 mins (2019-05-28 12:08:41 GMT)
--------------------------------------------------
Looking back in my TM, I found an old (2007) entry where I translated Gewinneinkünfte as "income taxed as trade profits". I would still go with my longer explanation above.
Note from asker:
Thank you so much - this has put my mind at rest that I've not overlooked any kind of "official" English version of these two terms! |
Peer comment(s):
agree |
writeaway
1 hr
|
agree |
philgoddard
: Hi from Pensacola! Drop in if you're passing...
2 hrs
|
Next time we ever drive to Ft Lauderdale.
|
|
agree |
RobinB
: See my discussion entry.
2 hrs
|
agree |
Steffen Walter
4 hrs
|
4 KudoZ points awarded for this answer.
Comment: "Thank you, Ted, for this really helpful clarification - I did go for a longer, explanation-based translation in the end, thanks to your advice!"
2 hrs
retained earnings and surplus income
Income tax terms
Reference:
Note from asker:
Thanks for suggesting these terms! I believe "retained earnings" has a specific definition in accounting (to do with net company income less dividends) that doesn't quite work in an income tax context, but this has given me something to think about! |
Peer comment(s):
neutral |
writeaway
: extremely convincing refs .... not
1 min
|
neutral |
Birgit Gläser
: retained earnings are Gewinnrücklagen in German, different concept
19 hrs
|
-1
9 hrs
(UK-approx.) Schedule D vs. Schedules A, (old system PAYE) E + F
I can hear the howls of protest alread, but a 'short way round' might feasibly be to tie up with UK Schedular cases. A bit suprising that no one else seems to have mentioned this categoris/zation, even if a 'red herring'.
UK-approximated Tax Schedules D (Cases I-V) and Schedules A , D (case VI) + F
The Schedules
Scope
Schedule A Income from UK land
Schedule D Taxable income not falling within another Schedule
Schedule F Income from UK dividends
Chargeable gains Gains as defined by legislation that are not taxed as income
CFC charge Profits made by controlled foreign companies where no exemption applies
Cases of Schedule D
Schedule D is itself divided into a number of cases:
Scope
Case I Profits from trades, including farming
Case II Profits from professions and vocations/merged in 2003 with Schedule E - Pay As You Earn
Case III Interest and annual payments etc., not taxed at source
Case IV Income from overseas securities (debentures, mortgages etc.)
Case V Income from overseas possessions (property, shares etc.)
Case VI Miscellaneous profits not otherwise chargeable under Schedule D or any other Schedule (e.g. income from furnished lettings)
UK-approximated Tax Schedules D (Cases I-V) and Schedules A , D (case VI) + F
The Schedules
Scope
Schedule A Income from UK land
Schedule D Taxable income not falling within another Schedule
Schedule F Income from UK dividends
Chargeable gains Gains as defined by legislation that are not taxed as income
CFC charge Profits made by controlled foreign companies where no exemption applies
Cases of Schedule D
Schedule D is itself divided into a number of cases:
Scope
Case I Profits from trades, including farming
Case II Profits from professions and vocations/merged in 2003 with Schedule E - Pay As You Earn
Case III Interest and annual payments etc., not taxed at source
Case IV Income from overseas securities (debentures, mortgages etc.)
Case V Income from overseas possessions (property, shares etc.)
Case VI Miscellaneous profits not otherwise chargeable under Schedule D or any other Schedule (e.g. income from furnished lettings)
Note from asker:
This is really interesting - I hadn't considered the similarities to the UK tax schedule! Sadly my text was for a global readership so this kind of analogy might cause more, rather than less, confusion, but I've filed it away for future reference/use in a UK-specific context! |
Peer comment(s):
disagree |
RobinB
: But these are not comparable, Adrian. And since when would we translate using "sort-of-equivalents" in another country? It's like translating Bundestag as "HoC" and Bundesrat as "HoL".//Actually the German model was based more on the US system.
5 hrs
|
OK, Robin, but that near-equivalents argument becomes tenuous in view of Germany's post-WW II bicameralism predicated on UK's parliamentary system & of the Finanzwesen's pick & choose of the UK's Schedular income categories disguised with 2 odd misnomers.
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Discussion
As Ted points out, there are no equivalents in UK/US taxation principles, so you really do have to "go the long way round". In my seminar, I gave Gewinneinkünfte as "income from agriculture and forestry, trade or business, and self-employment" and Überschusseinkünfte as "income from employment, investments, rental and leases, and other income"