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Constitutional complaints about taxes on pensions fail in Karlsruhe

Constitutional complaints about taxes on pensions fail in Karlsruhe

Constitutional complaints about taxes on pensions fail in Karlsruhe
Constitutional complaints about taxes on pensions fail in Karlsruhe

Challenging Taxes on Retirement Incomes Falls Short in Karlsruhe Court

Feeling they'd been unfairly treated by the Retirement Income Act passed in 2005, two pensioners took their tax assessments from 2008 and 2009 to court. The retired individuals argued that their pensions should be exempt from income tax, given the law's gradual taxation scheme with a lengthy transition period, allowing pension contributions to be tax-deductible in return.

Despite the Federal Fiscal Court's ruling in May 2021 confirming that the tax authorities hadn't overcharged the pensioners, their constitutional complaints fell on deaf ears at the Federal Constitutional Court. The court found their complaints inadmissible, asserting that the pensioners had failed to prove their basic rights had been violated.

Conflict with the Retirement Income Act's pension taxation principles led the pensioners to target their tax assessments. Yet, the Karlsruhe Court's dismissal of their constitutional complaints left them with no recourse. The German government, in response to the Federal Fiscal Court's guidelines against double taxation, decided to advance the implementation of fully tax-deductible pension insurance contributions to 2023.

It's Worth Noting:

Pension taxation in Germany is a complex issue, affected by factors such as the German Constitution's social rights protections, the proportionality of the tax system, and the deferred taxation system that exempts pension plan contributions during working years but taxes pension income upon retirement.

Despite challenging their tax assessments, these pensioners found their complaints dismissed by the Federal Constitutional Court in Karlsruhe. The court concluded that the pensioners failed to prove their basic rights were infringed upon. This ruling didn't deter the German government from expediting the full tax-deductibility of pension insurance contributions to 2023, following the Federal Fiscal Court's guidelines against double taxation.

Byline: Adapted from

Enrichment Data: The legal dispute surrounding the Federal Constitutional Court's decision to deem pensioners' taxation complaints inadmissible isn't explicitly detailed in the search results. However, the case could potentially be analyzed by considering relevant factors such as:

  1. Legal framework: Adherence to provisions of the German Constitution, particularly social rights protections for pensioners.
  2. Taxation system: Examination of the current pension taxation system, including the deferred taxation system and tax exemptions for pension plan contributions.
  3. Proportionality: Evaluation of whether the taxation of pensions is proportionate to the state's goals, such as financial balance and equitable distribution of tax burdens.

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