Tax & Legal

Aktuelle Entwicklungen und relevante Neuerungen im Themenbereich Steuern & Recht in englischer Sprache.

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  1. 20. Dezember 2024

    Update: Former coalition parties to agree on a light version ...

    Social Democrats (SPD), the Green Party (Bündnis 90/Die Grünen) and the Liberals (FDP) have unexpectedly agreed on the implementation of selected measures from the Act for the Further Development of Tax Law (Tax Development Act) already before the early general election in February 2025. Politically highly controversial initiatives, above all the planned introduction of a national reporting obligation for tax structures, are not part of this settlement.

    Kategorien: Legislation
    Schlagwörter: Tax Reporting, child benefit
  2. 20. Dezember 2024

    Tax & Legal Newsflash

    On December 19, 2024, the European Court of Justice (CJEU) held, that it breaches the free movement of capital under Art. 63 TFEU, if WHT is refunded only to residents being in a loss-making position whereas a refund is not granted to non-residents being in a foreign loss-making position (case C-601/23, Credit Suisse Securities (Europe) Ltd. vs. Diputación Foral de Bizkaia). This judgment confirms, on the hand, the validity of the decision in the Sofina case (C-575/17, November 22, 2018) for which it was unclear whether it established general principles of CJEU jurisprudence for the future. On the other hand, the current judgment extends the Sofina principles to cases where WHT is also withheld on dividends paid to domestic recipients.

    Kategorien: Legislation, Tax & Legal Newsflash
    Schlagwörter: Gesetzgebung, legislation
  3. 19. Dezember 2024

    ECJ: A holding by purely financial investors in a law firm m ...

    In its decision today the European Court of Justice (ECJ) held that a Member State (here: Germany) may prohibit holdings by purely financial investors in the capital of a law firm. Such a restriction on the freedom of establishment and the free movement of capital is justified by the objective of ensuring that lawyers can exercise their profession independently and in compliance with their professional conduct obligations.

    Kategorien: European Court of Justice
    Schlagwörter: law firm
  5. 16. Dezember 2024

    Changes of shareholders in a property-owning partnership

    When determining whether a corporation with a direct interest in the partnership owning real estate is considered a new shareholder within the meaning of Section 1 (2a) sentence 4 of the Real Estate Transfer Tax Act because at least 90% of the shares are transferred to new shareholders, only the shareholding in the corporation must be taken into account. In a most current judgment, the Supreme Tax Court held that a previous participation of the new shareholder of the corporation in the partnership owning the real estate is irrelevant in this respect.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: limited partnership, real property
  6. 16. Dezember 2024

    ECJ: Input VAT deduction on intragroup administrative servic ...

    Following a preliminary request from Romania, the European Court of Justice (ECJ) had to deal with the refusal of the local tax authorities on the right to input VAT deduction if services are not used for taxable transactions. Specifically, it refers to the VAT deduction for intercompany consultancy and administrative services with a supplier located in a country different than Romania.

    Kategorien: European Court of Justice
    Schlagwörter: input VAT deduction, intracompany transa ...
  7. 10. Dezember 2024

    EU Council introduces electronic VAT exemption certificate

    Today, the Council of the EU reached a political agreement on a new directive paving the way for the introduction of an electronic tax certificate for VAT exemptions. The directive will provide for an electronic certificate to replace the existing paper certificate that is used when goods are to be exempt from VAT, for example because they are imported for embassies, international organizations, or armed forces.

    Kategorien: From Europe
    Schlagwörter: VAT Exemption, electronic data
  9. 09. Dezember 2024

    German Pillar 2 Tax Amendment Act published

    On 5 December 2024, the Federal Ministry of Finance published a second draft of the German Pillar 2 Tax Amendment Act (hereinafter referred to as “the draft act”) for feedback by 31 January 2025 as part of the consultation process. In addition to the aspects already included in the first draft [Newsflash, March 21, 2023], this second draft includes further amendments – inter alia – by implementing the OECD Administrative Guidance from June 2024. Furthermore, the draft act foresees that other provisions concerning international taxation are to be repealed. These include inter alia the license barrier rule under Sec. 4j of the German Income Tax Act, a rule foreseeing the non-deduction of so-called special business expenses according to Sec. 4i German Income Tax Act and the CFC taxation rule ...

    Kategorien: Legislation, Tax & Legal Newsflash
    Schlagwörter: Gesetzgebung, Pillar Two
  10. 09. Dezember 2024

    No VAT free sale of entire business if continued for the ben ...

    The proceeds from the sale of a self-contained business are not subject to VAT provided the sale includes all assets necessary for the purchaser to continue the operation. In a most recent decision, the Supreme Tax Court held that this only applies to services provided between the transferor and the transferee and does not include transactions that are supplied to third parties.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: VAT-free, sale of business
  15. 04. Dezember 2024

    EU企業サステナビリティ報告指令（CSRD）の実施に関するFAQs

    2024年8月7日、欧州委員会は、CSRDの適用範囲、適用時期、免除などの事項を取り上げた「CSRDの実施に関するFAQs（frequently asked questions）」を公表しました。本ニュースレターではCSRDの概要を振り返るとともに、CSRDの実施に関するFAQsの概要を紹介します。

    Kategorien: Japan Business Network (JBN) Newsflash
    Schlagwörter: Japan
  16. 03. Dezember 2024

    No right to estimate the withdrawal of non-food items by ret ...

    An additional estimate by the tax office because of a breach of record-keeping obligations is not possible if the taxpayer (a sole trader in the food and non-food sector) was relying on the simplified record-keeping procedure granted to him by the Federal Ministry of Finance. The main issue in the case of dispute was whether the ministerial circular to that effect covers not only food but also non-food items.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: records, bookkeeping
  17. 02. Dezember 2024

    Taxation of benefits from a Swiss family foundation

    The Supreme Tax Court decided that the one-time cash payment and distribution of shares to the plaintiff from a Swiss-based foundation in 2017 (year in dispute) was subject to German income tax as income from capital investment pursuant to Section 20 (1) no. 9 of the German Income Tax Act. In its decision the court explained under which circumstances the income from such a benefit is economically comparable to a regular profit distribution.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: distribution, foreign foundation
  18. 02. Dezember 2024

    Calculation of gift tax for low-interest loans

    In a recent judgment the Supreme Tax Court held that the granting of a loan at an interest rate which is not customary in the market is subject to gift tax as gratuitous contribution. When calculating the interest advantage the standard (typically used) interest rate of 5.5% as mentioned in Section 15 (1) of the Valuation Act cannot be applied if a lower market value for comparable loans has been established.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: loan interest, low interest
  20. 02. Dezember 2024

    No tax privileges for fundamentalist and extremist corporati ...

    In two recent decisions published on 28 November 2024, the Supreme Tax Court commented on the tax privileged non-profit status (public-benefit purpose) of extremist corporations and the presumption of conformity resulting from a Federation’s or a Land’s report on the protection of the constitution according to Sections 51 (3) sentence 2 of the German Fiscal Code.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: tax privilege, non-profit associations, ...
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Björn Viebrock

Björn Viebrock

Partner
Düsseldorf

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