Wegzugsteuer for Privatpersonen 2026: When It Really Applies

When does the Wegzugsteuer apply to Privatpersonen?

The Wegzugsteuer under § 6 AStG applies when three conditions are cumulatively met:

1. Unlimited tax liability in Germany. Wohnsitz (residence under § 8 AO) or gewoehnlicher Aufenthalt (habitual abode under § 9 AO) in Germany.
2. Shareholding of at least 1 percent. In a domestic or foreign corporation (GmbH, AG, foreign Limited or Corp).
3. Ending of unlimited tax liability. Wegzug abroad with the giving up of Wohnsitz and gewoehnlicher Aufenthalt.

Anyone who fails to meet even one of these points is outside the scope. Most Privatpersonen with a normal investment portfolio fail at point 2 — they have no 1 percent shareholding.

What is a 1 percent shareholding?

The 1 percent threshold relates to the share in the capital of a single corporation. In concrete terms:

• 1 percent in a small family GmbH = YES, in scope
• 1 percent in Volkswagen AG (around 6 million shares) = YES, in scope
• 0.5 percent in an AG = NO, not in scope
• ETF with holdings in 1,500 companies, none above 1 percent = NO
• Investment fund = NO (units in the fund, not in individual companies)
• 100 Apple shares = NO (a fraction of 1 percent)
• Bitcoins, gold, cash = NO (no shareholdings in corporations)

Practice shows: 95 percent of my clients who come to me "because of the Wegzugsteuer" are not even in scope. They have broadly diversified portfolios without any 1 percent position. As soon as I run through the portfolios, the worry is unfounded.

When are Privatpersonen affected after all?

Five typical constellations in which Privatpersonen end up over 1 percent:

1. Family-GmbH shares. The classic — inherited shareholdings or those held since incorporation of at least 1 percent.
2. Early-stage shareholdings in start-ups. Anyone who invested EUR 5,000 early in a start-up and now holds 2 percent is in.
3. Employee participations. ESOPs (Employee Stock Option Plans) in tech companies can grow over the years to 1 percent.
4. Own holding GmbH. Anyone holding their wealth in an own asset-managing GmbH holds 100 percent in that GmbH.
5. Shareholdings in smaller listed companies. For a EUR 50 million mid-cap, EUR 500,000 is enough for 1 percent.

In all of these cases, § 6 AStG must be examined. But even then, not every shareholding is equally problematic — the tax falls only on the deemed capital gain (fair market value minus acquisition cost).

Step by step: a Privatperson tests the Wegzugsteuer risk in 5 stages

1. Portfolio stocktake. All portfolios, all shareholdings, including former ones from the last five years.
2. 1 percent filter. For every position check: share in the share capital of the relevant company. For listed values: check the annual report.
3. Valuation of the hits. For all positions above 1 percent: current fair market value minus historical acquisition cost.
4. DBA check for the destination country. Wegzugsteuer reduction or credit possible? Switzerland, Austria and the Netherlands have favourable DBAs.
5. Structuring or return strategy. Where the risk is significant: consider a Schenkung (lifetime gift, taxed under Erbschaftsteuergesetz / ErbStG), Holding contribution or the Rueckkehrerregelung.

A Privatperson who runs through these five stages has, in 80 percent of cases, no § 6 AStG hit. In the remaining 20 percent, structuring paths exist.

What about real estate, ETFs and cash?

These types of wealth do NOT fall under § 6 AStG because they are not shareholdings in corporations within the meaning of the provision:

So a Privatperson moving to Spain with ETFs, real estate and cash has NO Wegzugsteuer issue. They have other topics — DBA application, rental income, ETF-Vorabpauschale — but not § 6 AStG.

Spouses and joint shareholdings

On the Wegzug of spouses, each person is tested individually. One spouse with 0.5 percent and one spouse with 0.5 percent together holding 1 percent — both are below the threshold. There is no aggregation under § 6 AStG.

In practice I occasionally make use of this splitting option. Someone who, as sole owner, holds 1.2 percent and plans to leave can, before the Wegzug, give part of the stake to the spouse (spouse-exempt up to EUR 500,000 every 10 years, § 16 ErbStG). If this puts each below 1 percent, the Wegzugsteuer falls away.

BUT: if the spouse later leaves themselves, their own five-year look-back applies — the Schenkung can pull them back into scope if it lifted them above the 1 percent threshold.

Frequently asked questions

Am I, as an ETF investor, subject to the Wegzugsteuer?

No. ETFs are units in an investment fund, not shareholdings in individual corporations. The 1 percent threshold of § 6 AStG relates to direct shareholdings, not to fund units. ETF investors have other issues on Wegzug (Investment Tax Reform 2018, Vorabpauschale), but no Wegzugsteuer.

What counts as a "1 percent shareholding" in concrete terms?

The 1 percent relates to the share in the share capital (Grundkapital or Stammkapital) of the relevant corporation. Example: share capital of a GmbH EUR 100,000, own shareholding EUR 1,500 = 1.5 percent, so in scope. For listed values, the number of shares is set against the total number of shares.

Is real estate affected?

No, real estate does not fall under § 6 AStG. Anyone keeping real estate in Germany and leaving has limited tax liability in Germany for the rental income — but no Wegzugsteuer. With real estate GmbHs (holding the property through a GmbH), however, § 6 AStG applies if the shareholding is above 1 percent.

When do I, as a Privatperson, really need to fear the Wegzugsteuer?

When you hold a shareholding of 1 percent or more in a single corporation and have a significant value increase compared to acquisition cost. With family GmbHs, early-stage start-ups or your own Holding, this is the standard case. With a broad investment portfolio, usually not.

Which deadlines apply?

The reporting duty to the tax office arises with the Wegzug. Assessment follows with the tax return for the Wegzug year. The five-year look-back of § 6 Abs. 2 AStG catches shareholdings that stood at 1 percent or more in the five years preceding the Wegzug — even if currently below 1 percent.

What about employee participations?

ESOPs, stock options and employee participation programmes count towards the shareholding as soon as they have been exercised and converted into actual shares. With large tech companies long-serving employees can cross the 1 percent threshold. Options without exercise do not count — they are not a shareholding within the meaning of § 6 AStG.

Can I simply melt down below 1 percent before the Wegzug?

Theoretically yes, practically difficult because of the five-year look-back. Anyone selling from 1.5 to 0.8 percent three months before the Wegzug is still in scope, because they were above 1 percent within the last five years. A clean melt-down requires at least five years of lead time.

Further detail answers

• Wegzugsteuer 2026: main guide with all fundamentals
• Wegzugsteuer avoidance — 7 strategies from practice
• Wegzugsbesteuerung § 6 AStG: deferral and Rueckkehrerregelung

Authority sources

• § 6 AStG (Aussensteuergesetz, Wegzugsbesteuerung)
• § 17 EStG (sale of shares, 1 percent threshold)
• § 8 AO (Wohnsitz)
• § 9 AO (gewoehnlicher Aufenthalt)
• InvStG (Investment Tax Act, ETF treatment)
• BFH judgment of 14.02.2023 — IX R 3/22 (crypto disposal)

Lead magnet: Privatpersonen wealth check

• Erbschaftsteuer quick-check — Fast overview of tax burden and wealth structure.
• Emergency kit — Structured documentation for all assets before the Wegzug.
• Book first meeting — Individual Wegzug analysis.