Germany Tax
Einkommensteuer
Solidarity Surcharge
Social Security
Capital Gains

Germany

Guide to stock options and RSU taxation in Germany. Understand income tax, solidarity surcharge, and social security on equity compensation.

3 min read

Germany is Europe's largest economy and a major hub for tech and multinational companies. German tax treatment of equity compensation involves income tax, solidarity surcharge, and social security—understanding the rules is essential for employees with stock options and RSUs.

Overview of German Tax System

Germany has a progressive tax system with:

  • Income Tax (Einkommensteuer) on employment income
  • Solidarity Surcharge (Solidaritätszuschlag) — 5.5% of income tax
  • Social Security (pension, health, unemployment, care)
  • Capital Gains Tax — generally flat 26.375% (incl. solidarity) on investment income

RSU Taxation

At Vesting

RSUs are taxed as employment income when they vest:

EventTax TreatmentRate
VestingEmployment incomeProgressive (14%-45%)
Solidarity Surcharge5.5% of taxOn income tax
Social SecurityEmployee share~9.3% (capped)

Income Tax Rates (2025)

Taxable IncomeRate
€0 - €11,6040%
€11,604 - €66,76014%-42% (progressive)
Above €66,76042% (up to €277,825), then 45%

At Sale

EventTax TreatmentRate
Capital GainAbgeltungssteuer (flat rate)26.375% (incl. solidarity)
Annual ExemptionSparerpauschbetrag€1,000 (single) / €2,000 (joint)

Note: Capital gains on shares held as private assets are taxed at the flat rate. Employment-related shares may be taxed as income depending on holding period.

Stock Options

Taxation at Exercise

EventTax Treatment
GrantNo tax
ExerciseEmployment income on spread (FMV - strike)
SaleCapital gains (26.375%) on post-exercise appreciation

Qualifying Stock Options

Germany has rules for "qualified" stock options that can defer or reduce tax:

  • Holding period: 4+ years from grant may qualify for capital gains treatment at exercise
  • Requirements: Options must meet specific criteria under German law
  • Consult a German tax advisor for plan-specific treatment

Social Security

Employee Contributions (2025)

TypeEmployee RateCap
Pension9.3%€87,600 (West) / €85,200 (East)
Health7.3%Same cap
Unemployment1.3%Same cap
Care1.525%Same cap

Total: ~19.4% (capped)

US-Germany Tax Treaty

  • Article 15: Employment income generally taxed where work is performed
  • Article 13: Capital gains generally taxed in country of residence
  • Foreign Tax Credit: US citizens can claim credit for German tax paid

Key Takeaways

  • RSUs taxed as employment income at vesting
  • High marginal rates (up to 45% + 5.5% solidarity)
  • Social security adds ~19% (capped)
  • Capital gains: 26.375% flat for investment income
  • Qualifying options may get favorable treatment
  • US citizens must file both German and US returns

Additional Resources


Disclaimer: This guide discusses German tax rules for equity compensation. Tax laws change frequently. Always consult a qualified German tax advisor (Steuerberater) before making decisions based on this information.

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