Tax & Legal News – Issue 2, March 2015

In this issue: Official Pronouncements, Supreme Tax Court Cases, From Europe and From PwC

Official Pronouncements

  • Finance ministry interprets ECJ ruling on “non-transparent” investment funds restrictively
  • No VAT adjustment for agent’s discount

Supreme Tax Court Cases

  • No refusal of related-party loan write-down for lack of security
  • No requalification of share capital repayment to dividend if nature of transaction clear
  • Dividend to controlling shareholder taxable on resolution
  • Foreign employment income of German resident taxable in Germany if work done in third country
  • Employee relief fund surplus based on total obligations
  • No trade tax disallowance of expenses of earning tax-free dividends within an Organschaft
  • Sole shareholder for RETT despite own shares held by company
  • Foreign business may recover input tax through VAT return if sales were incorrectly invoiced with VAT

From Europe

  • Parent/Subsidiary Directive tightened
  • No requirement to group relief foreign losses brought forward
  • Annuity paid for business deductible by non-resident
  • No reduced rate of VAT on e-books
  • Nursing staff employment agency charges VAT-able
  • No objection to 10 year tax deferral on transfer of assets abroad?
  • Option for non-resident to be taxed as a resident for only part of a year?
  • Used car warranty by third party an insurance?
  • VAT-free oil for high seas shipping even if billed to intermediary?

From PwC

  • Breaking News

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