Kategorien: Supreme Tax Court cases (679 gefunden)

1. 25. August 2025

   Tax may be retroactively abolished in case of error on tax c ...

   In a recent judgment, the Supreme Tax Court decided that the transfer of GmbH shares as part of the principle of equalization of accrued gains between spouses (Zugewinnausgeich) generally constitutes a taxable sale. However, retroactive elimination of the respective capital gain is possible if the transfer is reversed due to an error on the subsequent tax consequences.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: share transfer, retroactive, correction ...
2. 25. August 2025

   Interim decision on the extended limitation period for asses ...

   An interim decision pursuant to Section 99 (2) of the Code of Procedure of Fiscal Courts (Finanzgerichtsordnung - FGO) with regard to the extended assessment period (statute of limitations) pursuant to Section 169(2) sentence 2 alternative 1 of the German Fiscal Code for tax evasion is not permissible if there are no findings regarding the reason for and amount of the respective tax claim and thus on the objective and subjective facts of a criminal offence.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: limitation period, correction of assessm ...
3. 22. August 2025

   Taxation of income earned by a public service orchestra musi ...

   An orchestra musician employed by a public corporation in the Grand Duchy of Luxembourg is an artist within the meaning of Article 16 (1) of the double tax treaty between Germany and Luxembourg. The Supreme Tax Court has recently decided that his salary is taxable in Germany as income from employment with a credit of the tax paid in Luxembourg.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: double tax treaty, public sector, employ ...
4. 19. August 2025

   Partial write- down of partner loan receivable upon terminat ...

   The fact that a commercial limited partnership (KG) receives income ranking as business income because of the so called „tainting effect“ does not preclude the partial write-off of a worthless loan owed to its partner if the principles of corresponding accounting between partnership and the partners no longer apply because of the discontinuation (cessation) of the business of the KG. Unlike the tax court of first instance, the Supreme Tax Court allowed the loss from the partial write-down to be recognized already at the time of the cessation of the business activities.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: write-down, tainted income
5. 14. August 2025

   Consequences of an unjustified VAT disclosure according to S ...

   In a recent judgment the Supreme Tax Court decided that the requirements for an invoice within the meaning of Section 14c (2) Value Added Tax Act (VAT Act) are fulfilled if the document contains the issuer of the invoice, the (presumed) recipient of the service, a description of the service, the remuneration, and information on the VAT shown.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: incomplete invoice, incorrect VAT
6. 10. August 2025

   No amendment of tax assessment in case of conflict with high ...

   The Supreme Tax Court most recently decided that a tax assessment issued on a provisional basis pursuant to Section 165 (1) sentence 2 no. 3 of the German Fiscal Code cannot be amended to the disadvantage of the taxpayer with a reference to Section 165 (2) Fiscal Code.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: tax amendments, provisional assessment, ...
7. 07. August 2025

   Referral to ECJ regarding a possible violation of the free m ...

   In its decision of 3 June 2025 – VIII R 21/22, the Supreme Tax Court referred various questions to the Court of Justice of the European Union (ECJ) for a preliminary ruling in connection with the dividend withholding tax paid to third-country companies.

   Kategorien: Supreme Tax Court cases, From Europe

   Schlagwörter: free movement of capital, freedom of est ...
8. 04. August 2025

   The Supreme Tax Court considers the double assessment of rea ...

   In an interim decision, dated 9 July 2025 (II B 13/25 (AdV) and published on 31 July 2025, the Supreme Tax Court considered it doubtful, following a summary examination, that in cases where the contractual acquisition transaction (signing) and the transfer of the shares (closing) take place at different times, real estate transfer tax can be assessed twice – namely once upon signing under Section 1(3) No. 1 of the German Real Estate Transfer Tax Act (“RETTA)” (signing) and once upon closing under Section 1(2b) RETTA – if the tax office is aware at the time of assessment for the signing that the closing has already occurred.

   Kategorien: Supreme Tax Court cases, Tax & Legal New ...

   Schlagwörter: real estate transfer tax, unification of ...
9. 03. August 2025

   ECJ referral regarding the review of protection of good fait ...

   The Supreme Tax Court referred to the European Court of Justice the question whether, in accordance with the principle of effectiveness, EU law precludes a national practice whereby the taxpayer's good faith in fulfilling the conditions for the margin scheme is not taken into account during the tax assessment procedure but rather considered later in fully separate proceedings.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: concession, good faith, waiver
10. 27. Juli 2025

    Takeover of emergency medical service by substitute doctor a ...

    Emergency medical services are also exempt from Value Added Tax if provided and charged by a physician on duty for another medical doctor (e.g., on weekends and outside the consultation hours of panel doctors). This was decided by the Supreme Tax Court in a recently published judgment.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: medical treatment, Medical health care
11. 22. Juli 2025

    Update: Gains from online poker may be subject to income tax

    In a most recent decision, the Supreme Tax Court held that winnings from online poker games can be subject to income tax. If a poker player plays regularly and successfully in poker tournaments, the gains are qualified as income from a trade or business.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: online game
12. 21. Juli 2025

    ECJ to clarify EU State aid rules on non-profit status of se ...

    In a request for a preliminary ruling, the Supreme Tax Court has referred several questions to the ECJ regarding the compatibility of non-profit tax status and the prohibition of state aid under EU law. The question to be answered is whether the extension of tax relief for special-purpose entities to companies that provide services for remuneration in cooperation with a corporation that is recognized as a non-profit organization (so-called service corporation) constitutes illicit state aid in accordance with Art. 107 of the Treaty on the Functioning of the European Union (TFEU).

    Kategorien: Supreme Tax Court cases, European Court ...

    Schlagwörter: state aid, non-profit associations
13. 18. Juli 2025

    Trade tax attribution of profit from the sale of shares in t ...

    The profit from the sale of a share in the upper-tier partnership as prescribed in Section 7 sentence 2 no. 2 Trade Tax Act is not to be allocated to the hidden reserves of the upper-tier partnership and the hidden reserves of the lower-tier partnership. It is rather a single and uniform sales transaction at the level of the upper-tier partnership, the Supreme Tax Court said in a most recently published decision.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: hidden reserves, Two-Tier Partnerships
14. 14. Juli 2025

    Subsequent amendment of tax assessment notice based on elect ...

    In a most recently published decision, the Supreme Tax Court held that a tax assessment can be corrected at any time if electronically transmitted data is sent to the tax office. It does not make a difference if the content of the data was already known to the tax office.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: electronic data, tax assessment
15. 08. Juli 2025

    Trade tax addback of profit share of US silent partner

    In a most recent judgment, the Supreme Tax Court decided that the trade tax addback of a silent partner's profit share is subject to the free movement of capital which also applies to third countries (here: the USA). The application of the "grandfather“ clause of Art 64 TFEU (ex-Article 57 TEC) is generally not affected by statements made in a letter from a lower tax authority.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Non-discrimination, silent partner, trad ...
16. 07. Juli 2025

    Partial tax-free payment of Dutch salary not subject to Germ ...

    The salary paid to a German resident employee for work performed in the Netherlands is exempt from German tax under Art. 14 para. 1 in connection with Art. 22 para. 1 letter a of the double tax treaty subject to the progression proviso. According to a most recent judgment of the Supreme Tax Court, this also applies if the employee received the salary tax-free based on the so-called 30% regulation under the specific Dutch expat scheme.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: basic tax-free allowance, employee optio ...
17. 04. Juli 2025

    Inheritance Tax Gift Tax Act: Increases in the value of shar ...

    In its decision of 6 June 2025 (II B 43/24 (AdV)) the Supreme Tax Court held that, upon summary examination, it was seriously doubtful whether contributions made by a shareholder to the capital reserve of a limited liability company (GmbH) lead to a taxable increase in the value of the shares of the co-shareholders within the meaning of Section 7(8) Sentence 1 of the Inheritance Tax and Gift Tax Act (“IHTGTA”) if the shareholders agree that the contributions are to be allocated to the contributing shareholder.

    Kategorien: Supreme Tax Court cases, Tax & Legal New ...

    Schlagwörter: corporation, inheritance and gift tax
18. 23. Juni 2025

    Compensation payment in connection with interest rate swap n ...

    In a most recent judgment, the Supreme Tax Court clarified that compensation (settlement) payments in connection with an interest rate swap may be deducted as business expenses if they are used to hedge an operational interest rate risk. However, this requires that the business loan and the interest swap transaction are exactly or at least approximately matched in respect of their content (portfolio, volume, term and amount).

    Kategorien: Supreme Tax Court cases

    Schlagwörter: compensation payment, interest swap
19. 15. Juni 2025

    Deadline to file an appeal for provision of personal data un ...

    In a recent judgement, the Supreme Tax Court held that the only legitimate type of action for the judicial claim under the General Data Protection Regulation (GDPR) for the provision of a copy of the processed personal data is by way of „appeal for mandatory relief" (Verpflichtungsklage). The filing deadline is one month commencing with the delivery of the challenged administrative act.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Data processing, filing deadlines
20. 10. Juni 2025

    Allocation of total sales price for „best value menu“ with d ...

    In a most recent judgment, the Supreme Tax Court held that a method for allocating a standardized total price for a certain product that results in a proportionate sales price for a combination of goods (here: „economical menu” or “best value meal“ in the „system gastronomy“) that is higher than the individual sales price is not appropriate.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: VAT adjustment, fastfood, sale of foodst ...
21. Weitere laden