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What happens if the 50-euro limit is exceeded by just a few euros?

The difference between the exemption threshold and the tax-free allowance is the most costly mistake in supplementary health insurance taxation.

Exemption Threshold Instead of Exemption Amount

With a tax-exempt allowance, the portion up to 50 euros would remain tax-exempt, and only the amount above that would be taxable. With a tax threshold, the tax exemption is completely lost as soon as the threshold is exceeded—even by just one cent.

  • For a monthly premium of 49 euros: tax- and social security-free; employer cost: 49 euros
  • With a monthly premium of 51 euros: it is not 1 euro that is taxed, but 51 euros—plus social security contributions on the entire amount

So a two-euro increase in premiums results in a jump in costs that is many times that amount.

The four variants above the boundary

  • § 37b of the Income Tax Act (EStG): a flat rate of approximately 30 percent; applicable immediately without the need to file a claim, but still subject to social security contributions
  • § 40(1) EStG: individual average tax rate, subject to application, but in return, exempt from social security contributions
  • Net Pay Taxation: The employer pays the tax and both social security contributions
  • Benefit in Kind, Such as Salary: Employees Pay Taxes and Their Own Share Themselves

Two Pitfalls

First, other non-cash benefits can also push the limit, causing the supplementary health insurance plan to become invalid even with a low premium.

Second, a premium adjustment by the insurer can cause a plan that started at 47 euros to subsequently exceed the limit. Both of these factors should be reviewed regularly, not just when the contract is signed.

More Questions from the bKV FAQ

Is employer-sponsored health insurance tax-free?
If the employer pays the premiums directly to the insurer, the supplementary health insurance is considered a benefit in kind and is exempt from taxes and social security contributions up to 50 euros per month per employee.
Does a gas voucher count toward the bKV exemption limit?
Yes. The 50 euros applies to the total of all non-cash benefits for a given month, not to the supplementary health insurance alone.
Is it necessary to apply for the flat-rate taxation under Section 37b of the Income Tax Act (EStG)?
No. The flat-rate taxation under Section 37b of the Income Tax Act (EStG) takes effect immediately without the need to file an application, at a fixed rate of approximately 30 percent and up to 10,000 euros per person.
At what number of employees does Section 40(1) of the Income Tax Act (EStG) become worthwhile?
Based on experience, this applies to companies with 20 or more employees. This option is also exempt from social security contributions and is therefore usually the most cost-effective flat-rate option.
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