Traktorherr
Returning Member

US - Germany Double Taxation Treaty on Capital Gains

Hi,

 

I am a U.S. Citizen living and working in Germany; I pay income taxes in Germany on my German source income.  I had LTCG income sourced in the U.S. in 2020 and now the Germany Finanzamt is asking me to prove that I paid 15% tax on those gains.  I didn't; I paid 22.35% tax on those gains as calculated by TurboTax so I paid too much according to the treaty.  So if the DBA treaty limits the LTCG the U.S. can assess on the gains, how do I  apply this rate to my U.S. LTCG taxes within TurboTax?  Or did I miss the point of the treaty?

Thanks you!