In a dispute between Germany and Austria on the right of taxation of payments from registered certificates an ECJ advocate general has suggested that such interest should be taxed only in the country of residence of the beneficial owner unless such debt-claims explicitly provide the creditor with a participation in the debtor’s profits. Continue reading
Tax & Legal
The finance ministry has announced that application of a Supreme Tax Court judgment exempting US profit-based interest from German taxis to be seen against the treaty override provision of 2006.
The Supreme Tax Court has held that a profit-sharing loan can be dependent on an overall, as opposed to an annual, surplus.