BFH-Insights
In the area of income taxes, taxpayers have numerous election rights that can have a significant impact on their tax burden. The income tax consequences are not always as dramatic as those resulting from the extended deduction under section 9 no. 1 sentence 2 and following of the Trade Tax Act [Gewerbesteuergesetz–GewStG], which triggers an (almost complete) exemption from trade tax. Other elections can reduce the income tax burden, for example, when electing for the partial income method (“Teileinkünfteverfahren”; section 32d(2) no. 3 of the Income Tax Act [Einkommensteuergesetz–EStG]), which makes actual income-related expenses deductible. With regard to the deduction for special expenses under section 10a, the Federal Fiscal Court [Bundesfinanzhof–BFH] has now once again ruled on making elections and the procedural implications (file ref. X R 28/24).