A constitutional court judgement on the "solidarity surcharge" is scheduled for tomorrow, bringing with it a risk we feel has been going under the radar. An outcome against the German federal government could mean up to E65bln (1.5% GDP) of surcharge repayments to taxpayers in a worst case scenario, deemed unlikely but a noteworthy risk.
- The solidarity surcharge is a levy calculated as 5.5% of income, corporation and capital gains taxes - but since 2021, the portion applying on income taxes only applies to high-earners. It was initially set up in 1990 to finance parts of the integration of eastern Germany into the united federal state, and the court now rules against an appeal from a set of FDP politicians who see the surcharge being unconstitutional since at least end-2019, when the so-called Solidarity Pact II in Germany ran out. The plaintiffs also see the solidarity surcharge to tread a subset of taxpayers unequally.
- For 2025, the previous draft budget envisaged solidarity surcharge receipts of 12.75 billion euros. While this would have to be found elsewhere if the surcharge is ruled against, the government effectively created fiscal headroom for any yearly budgets with the recent partial exemption of military spending from the debt brake, so we would expect any gap in the near-term to be filled.
- More significant however would be a successful retroactive appeal: since 2020, which is when the plaintiffs claim the surcharge became unconstitutional, a total E65bln was paid by taxpayers under the scheme. That would have to be refunded in a worst-case scenario, worth ~1.5% of 2024 GDP.
- For context, the 2025 draft budget included expenses of E488.6bln and revenues excl. net issuance of E437.3bln - leaving planned net issuance at E51.3bln.
- A ruling against the German federal government should raise the fiscal burden for the national government but provide some relief to consumers and enterprises - which should put some downside pressure on Bunds and upside pressures on the Euro. The ruling is scheduled for tomorrow, 9am GMT, and news on the outcome should break soon after.
- Local media reports on the topic tend to view the worst case outcome of the full E65bln repayment as rather unlikely, but highlight the typical uncertainty around constitutional court judgements.