Tax & Legal News - Issue 3, November 2012
In this issue: PwC Reports, Official Pronouncments, Supreme Tax Court Cases, From Europe and From PwC
This edition includes:
PwC Reports
Model treaty on information exchange
Official Pronouncements
German/Austrian civil service widow(er)s’ pensions
Dutch civil service pensions taxable in Holland
No write-down to market value of fixed-interest bonds held as current assets
Inventor’s premium to ex-employee taxable as royalty
Employee withholding tax 2013
VAT-free sale of business even if lease of premises terminable at will
VAT on waste disposal
Prepaid telephone cards are telecommunications services
No specific authentication of electronic invoice
Tax informers
Supreme Tax Court Cases
Royalty withholding tax on net income of EU creditor
No withholding tax on payment to Austrian agency for broadcasting rights
Brazilian interest on share capital is dividend in Germany
Foreign motor racing team taxable on receipts from German sponsors
Swiss social security pension premiums not deductible in Germany
Revised sales price calculation not retrospective event
Provision for future tax audit support
No deduction for ship charter for customer entertaining
No abuse in sale of worthless debt to new shareholder
No provision for unredeemed rebate tokens to customers
Concession cannot be withdrawn on audit
Full income tax deduction for shareholder loan write-off
Place of work must be business facility of employer
Sale of partnership share subject to trade tax if coincidental with merger
Recultivation costs not rent for trade tax
Factoring is not a loan
VAT on travel agency discount
Aviation spirit not duty-free
Inheritance tax liability unaffected by foreign legal basis for the transfer
No refusal of Eighth Directive refund to businesses without local turnover
June 30 deadline for VAT refund claims upheld
VAT ID No. of customer not indispensable for exempt intra-community supply
Portfolio management services not exempt as banking
Building work as a service?
From Europe
Freedom of establishment can override free movement of capital
Corporate exit tax hinders freedom of establishment
From PwC
Guide to Doing Business and Investing in Germany – July 2012
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