- A German severance is fully taxable but pays zero social-security contributions, worth roughly €12,000 on a €60,000 payout
- The Fünftelregelung (§34 EStG) spreads the payout over five years mathematically to soften the tax progression
- Since 2025 employers no longer apply the rule automatically, you must claim it yourself in your tax return (Anlage N)
- Timing is the biggest lever: the same €60,000 can swing €3,000+ in net depending on your other income that year
- No part of a severance has been tax-free since 2006, the old §3 Nr. 9 allowance is gone
Quick answer: A severance payment (Abfindung) in Germany is fully subject to income tax but exempt from social-security contributions. Thanks to the Fünftelregelung (§34 EStG), the tax on a one-off payout is softened by spreading it, mathematically, over five years. On a €60,000 severance you might keep anywhere from €35,000 to €47,000 net, depending almost entirely on how much other income you earn in the same calendar year. The lower your other income that year, the more you keep.
What counts as an Abfindung, and is it really tax-free?
An Abfindung is a voluntary compensation payment an employer makes when an employment relationship ends, usually to settle a dismissal or as part of a termination agreement (Aufhebungsvertrag). It is not the same as outstanding salary, holiday pay or a bonus, those are ordinary wages taxed the normal way.
There is a persistent myth that the first slice of severance is tax-free. That hasn't been true since 2006, when the old §3 Nr. 9 EStG allowance was abolished. Today, the entire Abfindung is taxable income. The only relief left is the method by which it is taxed, the Fünftelregelung, plus one genuinely valuable feature: because it is not "current wage" for social-insurance purposes, you pay no pension, health, unemployment or care contributions on it. On a €60,000 payout, that exemption alone is worth roughly €12,000 you would have lost if the same money had been paid as salary.
The Fünftelregelung: what it actually does
The Fünftelregelung ("one-fifth rule") exists to stop a large one-time payment from being catapulted entirely into the top tax bracket. The mechanism is precise:
- Take one fifth of the severance and add it to your other taxable income for the year.
- Calculate the income tax on that figure.
- Subtract the tax you'd owe on your other income alone.
- Multiply the difference by five. That is the tax on the whole severance.
Because German income tax is progressive, taxing five smaller slices is cheaper than taxing one giant lump, but only if you have headroom below the top bracket. This is the nuance almost every generic article misses, so let's prove it with numbers.
Worked example 1, the high earner (where the rule barely helps)
Anna, 45, single, no church tax. She keeps working, so her other taxable income this year is €55,000. Her severance is €60,000. Figures are 2026 estimates using the §32a tariff (Grundfreibetrag €12,348).
| Step | Without Fünftelregelung | With Fünftelregelung |
|---|---|---|
| Tax on other income (€55,000) | €12,715 | €12,715 |
| Add severance | + €60,000 (full) | + €12,000 (one fifth) |
| Tax on the higher figure | €37,664 (on €115,000) | €17,504 (on €67,000) |
| Extra tax caused by severance | €24,949 | €23,945 (×5 of €4,789) |
| Net severance kept | €35,051 | €36,055 |
Anna saves only about €1,000. Why? At €55,000 she is already near the 42% zone, so even one-fifth slices land high on the curve. The rule helps, just not dramatically.
Worked example 2, the low-income year (where it saves thousands)
Thomas, 52, single, no church tax. He is laid off mid-year and stays unemployed for the rest of it, so his other taxable income is only €15,000. Same €60,000 severance.
| Step | Without Fünftelregelung | With Fünftelregelung |
|---|---|---|
| Tax on other income (€15,000) | €438 | €438 |
| Tax on the higher figure | €22,600 (on €75,000) | €4,200 (on €27,000) |
| Extra tax caused by severance | €22,162 | €18,810 (×5 of €3,762) |
| Net severance kept | €37,838 | €41,190 |
Thomas keeps about €3,350 more, and if he can push the payout into a year where he earns almost nothing, the gap widens further. Same severance, same person, a ~€3,000+ swing purely from timing. That is the single most actionable insight of this article.
The big 2025 change most people miss
Until the end of 2024, your employer applied the Fünftelregelung automatically on the final payslip. Since 1 January 2025 that is gone. Employers now withhold tax on severance as if it were ordinary income, meaning too much tax is deducted up front.
You do not lose the relief, but you have to claim it yourself in your annual tax return (Anlage N). The Finanzamt recalculates using the Fünftelregelung and refunds the difference. In practice:
- You must file a tax return for the severance year, even if you normally wouldn't. Skipping it can leave four-figure refunds on the table.
- Cash-flow shock: the net that hits your account is smaller than your final settlement suggested. Budget for the refund arriving months later.
Five ways to legally keep more of your Abfindung
- Control the timing (the biggest lever). The payout year's other income is decisive. Negotiating for the Abfindung to be paid in January of the following year, when you may be between jobs, often saves thousands.
- Top up your pension in the same year. Voluntary Rürup (Basisrente) or bAV contributions reduce your taxable base, lowering the slice the Fünftelregelung sits on.
- Bring forward deductible expenses. Bunch work-related costs, donations, or außergewöhnliche Belastungen into the high-severance year.
- Reconsider church membership, carefully. Kirchensteuer is 8-9% of the income tax on the severance. On a €24,000 tax bill that's up to ~€2,160.
- Check the contract wording, not just the amount. How the Aufhebungsvertrag labels each component changes the tax and social-insurance treatment.
Edge cases the calculators won't tell you
- The Zusammenballung rule. The Fünftelregelung only applies if the severance is "concentrated", broadly, the payout plus your income that year must exceed what you'd have earned had the job continued. Splitting it across two years usually kills the relief. Pay it in one lump.
- Solidaritätszuschlag. Most pay €0 Soli, but a large severance can briefly push you over the threshold, adding 5.5% on the tax portion.
- Unemployment benefit interaction. A termination agreement can trigger a Sperrzeit (up to 12 weeks with no ALG I) if it looks like you gave up the job voluntarily.
- Progressionsvorbehalt. ALG I, Elterngeld or Kurzarbeitergeld received the same year are tax-free but raise the rate applied to everything else, including your severance slice.
When you pay no extra tax at all
There is no scenario where a severance is entirely income-tax-free today. But you pay nothing in social contributions on it, and if your total taxable income for the year stays under the Grundfreibetrag (€12,348 in 2026), the tax can be very low. This is the strategic heart of severance planning: it is a timing game, not a loophole.
🧮 Try it with your own numbers: Our free Abfindungsrechner applies the Fünftelregelung, Soli and church tax automatically and shows exactly how much you keep, and how much the rule saves you versus normal taxation. Change the "other income this year" field to see the timing effect from the examples above, live.
Quick comparison: severance paid as lump vs. as salary
| As Abfindung | As ordinary salary | |
|---|---|---|
| Income tax | Yes, but Fünftelregelung applies | Yes, full progression |
| Social contributions (~20%) | €0 | Up to the contribution ceilings |
| Timing flexibility | High (negotiable payout date) | Low |
| Sperrzeit / ALG I risk | Possible, depends on wording | N/A |
| Typical net on €60,000 (mid income) | ~€36,000-41,000 | ~€30,000-33,000 |
A real reader question: "My employer paid it in December, did I lose money?"
This is one of the most common questions we get, so it deserves a concrete answer. A reader, call him Michael, negotiated a €45,000 severance and his employer insisted on paying it in December, the same year he earned a full €62,000 salary before the redundancy. He had a new job lined up for January.
Because the payout landed on top of a full year's salary, his Fünftelregelung benefit was almost nil (the same effect as Anna in Example 1). Had the payment been shifted to January, his first month at a new job, with only ~€5,000 earned that new year before the payout was booked, one fifth of the severance would have been taxed against a far lower base, and the multiply-by-five step would have produced a noticeably smaller bill. Our estimate put the difference at roughly €2,800 in his pocket. The lesson: the payout date is negotiable in most Aufhebungsverträge, and it is worth as much as several thousand euros of headline severance. Raise it before you sign, not after.
One caution Michael's case also shows: shifting to January only helps if the Zusammenballung condition still holds in the new year. If your new salary is high from day one, the benefit shrinks again, which is exactly why you should model your own numbers rather than rely on a rule of thumb.
How to claim the Fünftelregelung in ELSTER, step by step
Since employers stopped applying the rule automatically in 2025, filing correctly is what actually secures your refund. Here is the practical path for a standard employee case:
- Wait for your Lohnsteuerbescheinigung. Your employer reports the severance separately in line 19 ("Ermäßigt besteuerte Entschädigungen / Arbeitslohn für mehrere Jahre"). Check that the figure is there, if it is missing, ask HR to correct it.
- Open Anlage N in ELSTER. Enter your normal wage in the usual lines, then put the severance amount in the field for ermäßigt besteuerter Arbeitslohn (the line that mirrors line 19 of the certificate).
- Do not add the severance to your ordinary salary line. Keeping it in the separate field is what triggers the Finanzamt to apply §34 automatically, you do not tick a special box or do the maths yourself.
- Add same-year deductions. Pension top-ups (Anlage Vorsorgeaufwand), Werbungskosten and donations all lower the base the one-fifth slice sits on, enter them before you submit.
- Submit and check the Bescheid. When the assessment arrives, the calculation will show the severance taxed via the ermäßigter Steuersatz. If it was taxed as ordinary income, object (Einspruch) within one month.
Most people file this themselves in ELSTER for free. If your case involves several years' back pay, a Sperrzeit dispute, or a mix of severance and share awards, a Steuerberater or Lohnsteuerhilfeverein usually pays for itself.
Sources & further reading
- §34 EStG, außerordentliche Einkünfte / Fünftelregelung
- §24 EStG, Entschädigungen (definition of Abfindung)
- §32a EStG, income-tax tariff and 2026 Grundfreibetrag
- Bundesministerium der Finanzen (BMF), annual Programmablaufpläne for wage-tax
- Bundesagentur für Arbeit, Sperrzeit rules for Aufhebungsverträge
This article is general information, not individual tax advice. For a binding assessment consult a Steuerberater or Lohnsteuerhilfeverein.
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