Constitutional complaint
Is the solidarity unconstitutional? Federal Constitutional Court advises
Since 2021, only high earners and companies will have to pay the solidarity surcharge. The Federal Constitutional Court will now decide whether this is legal.
On Tuesday (10 a.m.) the Federal Constitutional Court will deal with a constitutional complaint against the solidarity surcharge. Six FDP politicians are taking action in Karlsruhe against the tax that was once justified by financing German unity. A verdict is usually only made a few months later. (Az. 2 BvR 1505/20)
The solidarity tax is levied as a surcharge on income and corporation tax. Almost all citizens and companies in Germany had to pay it by the end of 2020. It was then abolished for 90 percent of taxpayers as part of the “Law to Repatriate the Solidarity Surcharge 1995” passed in 2019. Since 2021, only high earners and companies have to pay it. The FDP complainants therefore criticize, among other things, unequal treatment of various income earners.
Solidarity surcharge unconstitutional?
They also believe that the continued collection of the solidarity surcharge has become unconstitutional when the Solidarity Pact II expires. The pact was a transfer from the federal and state governments to the East German federal states. The money was intended to expand the infrastructure in East Germany, strengthen the financial strength of the municipalities and promote the economy. The Solidarity Pact II expired on December 31, 2019 without replacement.
AFP
tkr
Source: Stern
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