The tax treatment of public holiday work has with the current statement of the Federal Ministry of Finance (BMF) now finally have clarity. The decision of the Federal Fiscal Court (BFG) of 19 December 2024 represents a break with many years of administrative practice and has now gained normative effect through the official position of the BMF.
Key message: No tax-free supplement if only the basic wage is paid
The BMF fully agrees with the reasoning of the BFG (see below). Accordingly, the following applies:
- The remuneration paid for work performed on public holidays within normal working hours - i.e. the basic hourly wage in accordance with § 9 para. 5 of the Labour Rest Act (ARG) - does not qualify as a tax-free public holiday supplement within the meaning of § 68 para. 1 EStG.
- Tax-free treatment requires the existence of an actual supplement. The mere payment of regular working hours on a public holiday does not fulfil this requirement. The decisive factor is that the remuneration is paid additionally and expressly as a supplement for public holiday work.
- Deviating tax-free treatment is only permitted for salary payment periods up to and including 31 December 2024.
Recommendations for employers
Companies are urgently required to implement the new interpretation of the BMF from the calendar year 2025 at the latest. This applies in particular:
- Payroll accounting processes: Public holiday pay for work performed on public holidays within normal working hours must be treated as taxable wages in payroll accounting.
- Retroactive adjustments: Settlements already made for the year 2025 should be checked for conformity and, if necessary, corrected as part of a roll-up.
Conclusion
The decision of the BFG and the confirmation now available from the BMF mark a clear departure from previous practice. For companies, this means increased attention, particularly in payroll accounting, in order to avoid tax risks and ensure legally compliant accounting.
To the article: Answer to the enquiry of the BMF
Blog article from March 2025:
In a recent decision, the Federal Fiscal Court (BFG) ruled that the public holiday pay due for work performed on a public holiday (Section 9 para. 5 ARG) is not to be considered a public holiday supplement in the tax sense, but simply counts as taxable basic pay. Accordingly, in the opinion of the Federal Fiscal Court, tax exemption pursuant to Section 68 para. 1 EStG is ruled out (BFG 19.12.2024, RV/3100544/2017).
What is particularly regrettable about the BFG ruling is that it contradicts the prevailing legal opinion and could now apparently trigger a rethink in the Federal Ministry of Finance (BMF). It is possible that the Ministry of Finance could follow the BFG ruling and no longer recognise public holiday pay as tax-free public holiday bonuses within the meaning of Section 68 para. 1 EStG in future.
Professional assessment
The impending tax disadvantages can be considerable. Additional wage tax payments during wage tax audits may be possible. Employees working on public holidays would be left with a lower net income in future. Such a hidden tax increase by way of a tightening of the interpretation of the law (instead of an amendment to the law) would be problematic from the point of view of legal certainty. In general, it can be assumed that the tax authorities could increasingly tighten their enforcement practices in future in view of the current budget crisis.
Status: 05/05/2025
Created: 24.03.2025
Source: Template portal
Picture: Rene Terp
