Online message – Thursday 03/02/2023
Income Tax | No inflow of bonus interest from a home savings contract (BFH)
The taxpayer does not already receive bonus interest from a home savings contract with the annual statement of the interest on a bonus account managed by the home savings bank if a claim to the bonus interest only arises after a waiver of the home savings loan, the bonus interest only becomes due when the home savings account is paid out and over it can only be used in connection with the home savings account (; published on ).
Facts: The parties involved are arguing about the inflow of bonus interest from a home savings contract.
The BFH stated:
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Contrary to the plaintiff’s opinion, the annual reporting of the bonus interest on the bonus account has not yet led to an inflow i. p. des Section 11 (1) sentence 1 EStG.
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In the case at hand, the bonus interest credited by the building society is an increase in the interest on the credit balance granted to the plaintiff for the transfer of the building society savings account. The bonus interest is therefore – just like the credit interest – a fee for the provision of capital assets for use i. p. des Section 20 (1) no. 7 sentence 1 EStG but.
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Something else does not apply because with a home savings contract, saving is usually just a transitional stage on the way to obtaining a home savings loan. Because this does not rule out that in individual cases the purpose of saving is (co-)determining for the conclusion of a home loan and savings contract. This applies in any case if – as in the case at hand – the expectation of a return from the home savings account is in the foreground. It is sufficient if the intention to generate income from capital assets is only pursued as a secondary purpose (cf. ).
Those: ; NWB Datenbank (JT)
Source(s):
NWB SAAAJ-34753