Anlage KAP 2026: When to Declare Capital Income

For most people it’s done the moment the bank withholds the tax. But there are cases where Anlage KAP pays off — or is mandatory: foreign accounts, over-paid tax, losses, a low personal rate. This guide shows you when to bring capital income into your tax return and how to get money back.

In short: If a German bank withheld the flat capital gains tax, the tax is settled — you declare nothing. Anlage KAP becomes mandatory for, among others, foreign accounts without withholding, church tax not deducted, and income without withholding. It pays voluntarily for the Günstigerprüfung (personal rate below 25%), to reclaim over-paid tax, and to offset losses across several banks.

When you declare nothing

The normal case: your German bank or broker automatically withholds 25% flat tax + solidarity surcharge on every sale, dividend and Vorabpauschale and pays it to the tax office. Your tax liability is then settled — the income does not go in the tax return.

When Anlage KAP is mandatory

In these cases you must declare the income yourself:

• Foreign account without German withholding — e.g. at a foreign broker. Here nobody withheld tax; you owe it and declare it via Anlage KAP.
• Church tax not deducted — if you’re liable for church tax but the bank didn’t account for it.
• Income without withholding — such as interest from private loans or certain P2P platforms.

When it pays voluntarily

Here you actively get money back:

Günstigerprüfung (personal rate below 25%)

If your personal marginal rate is below 25% — common for students, pensioners, or low-income years — request the Günstigerprüfung on Anlage KAP. The tax office then uses your lower rate and refunds the difference. It checks automatically which is better for you — you can’t lose by requesting it.

Reclaim over-paid tax

If you filed no or too low an exemption order (see Saver’s allowance 2026), the bank withheld tax on amounts that should have been free. Via Anlage KAP you reclaim this up to €1,000.

Offset losses

Losses reduce your tax. Within one bank this happens automatically via the loss pot. If you have gains at bank A and losses at bank B, you need a loss certificate (request from the bank by 15 December) and enter both on Anlage KAP.

Worked example

Student Jan has €800 in dividends in 2026, from which the bank — lacking an exemption order — withheld €211 in tax. His taxable income is below the basic allowance.

• With Anlage KAP + Günstigerprüfung: personal tax rate 0%
• Refund: the full €211 back

One form, several hundred euros — for low earners almost always worth it.

Common mistakes

1. Concealing foreign income. Foreign banks increasingly report automatically — not declaring is risky.
2. Not requesting the Günstigerprüfung. Low earners give away a refund.
3. Loss certificate too late. After 15 December it’s no longer available for that year.
4. Confusing crypto. Crypto gains don’t go on Anlage KAP but on Anlage SO.

How Restio helps

Anlage KAP is annoying exactly when it pays off — several banks, certificates, the Günstigerprüfung. Restio takes the decision off your hands:

• Is it worth it? — tell Restio where your income arises and how high your income is, and it tells you whether Anlage KAP is mandatory or brings money back.
• Read certificates — upload your annual tax certificate; Restio explains the figures and shows what goes where.
• Instant answers — ask in English or German: “Is the Günstigerprüfung worth it for me?” or “How do I declare my foreign account?”

For complex international cases (foreign withholding tax credit, several countries), a tax advisor helps — Restio prepares the documents.

Most people never need Anlage KAP. But if you have a foreign account, earn little, or want to offset losses, it’s the direct route to your money. The official form is at ELSTER.