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German Court to Rule on Constitutionality of Solidarity Tax in March

The Federal Constitutional Court will decide on a challenge brought by FDP lawmakers, with billions in government revenue potentially at stake.

  • The Federal Constitutional Court in Karlsruhe will announce its decision on the Solidarity Tax (Soli) on March 26, following a complaint by six FDP lawmakers arguing it is unconstitutional.
  • The Solidarity Tax, introduced to support the costs of reunification, is a 5.5% surcharge on income, corporate, and capital gains taxes, which has largely been phased out since 2021 for most taxpayers.
  • Currently, only high earners, corporations, and capital investors are required to pay the tax, which critics argue creates unequal treatment and violates property rights.
  • If the tax is declared unconstitutional, the German government could face a significant financial challenge, as the 2025 budget relies on €12.75 billion in revenue from the tax.
  • A ruling against the tax could also require the government to refund up to €65 billion collected since 2020, further straining public finances.
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