Tax exemption on capital gains from commercial vehicles: deadline fast approaching
July 2025 - The federal coalition agreement provides for the abolition of the exemption scheme for realised capital gains on certain commercial vehicles in corporate income tax. According to the draft texts of the programme law, this measure could already come into force on 1 July 2025 (subject to final approval).
If you are planning to sell a commercial vehicle in the near future, you should take into account the deadline of 30 June 2025.
What does the current exemption entail?
Capital gains on commercial vehicles are currently eligible for a temporary tax exemption under certain conditions.
Unlike a staggered assessment, the capital gain is not taxed over several years, but is deferred in full. As long as the so-called inviolability condition is not violated (which is the case, for example, if the company ceases trading), the capital gain remains untaxed.
Which commercial vehicles are eligible?
The scheme applies specifically to capital gains on the following commercial vehicles:
· Vehicles for goods transport, such as tractors, trucks, trailers and semi-trailers with a maximum authorised mass of at least 4 tonnes.
· Vehicles for paid passenger transport, such as buses and coaches.
What conditions apply?
In the case of a voluntarily realised capital gain (e.g. on sale), the commercial vehicle must have been classified as a fixed asset in the company for at least three years.
If your company wishes to apply the exemption scheme for realised capital gains, you must then reinvest the sale value or the compensation received in a company vehicle that meets certain environmental standards, among other things.
Reinvestment period:
· In the case of a voluntary capital gain: within two years from the first day of the calendar year of the sale.
· In the case of a forced capital gain (e.g. damage claim): within one year of the end of the financial year in which the compensation was received.
Important: to justify the choice of this scheme in the corporation tax return, you must attach form 276 N.
What will change from 1 July 2025?
The announced change means that the exemption scheme for capital gains on company vehicles will disappear for capital gains realised from 1 July 2025 onwards. After this date, you may still be able to spread the capital gains tax in your company (according to the depreciation rate on the reinvestment asset), but no longer under this temporary exemption scheme.
What does this mean for your company?
Are you considering selling a company vehicle in the near future? If so, it may be fiscally advantageous not to wait until after 30 June 2025. This will allow you to make optimal use of the current exemption scheme.
