25. April 2024 VAT Newsflash: Issue 01/2024 The current edition deals with the "Wachstumschancengesetz" (Growth Opportunity Act). This Act includes (but is not restricted to) important amendments with respect to future mandatory B2B electronic invoicing for businesses established in Germany. Kategorien: PwC ReportsSchlagwörter: VAT, electronic invoice
24. April 2024 欧州地域税務ニュース 2024年4月号 英国・ドイツ・フランスにおける2024年の税制改正を取り上げているほか、欧州全体の動きとして電子インボイス義務化の動向、欧州外国補助金規制について解説しています。 Kategorien: Japan Business Network (JBN) NewsflashSchlagwörter: Japan
24. April 2024 UPDATE: Dual residence does not exclude German gift tax liab ... The Supreme Tax Court reversed three earlier rulings of the Baden-Wuerttemberg Tax Court and decided that Sweden has no right of taxation, even if at the time of the gift the gift tax had been abolished in Sweden (here: as of 1 January 2005). As a result, a gift made by a donor who has his residence both in Germany and Sweden is subject to the provisions of the German Inheritance and Gift Tax Act. Kategorien: Supreme Tax Court casesSchlagwörter: gift tax, dual residence
22. April 2024 Recovery of withholding tax credited in the course of „cum/e ... The Hamburg Tax Court decided that the withdrawal of the refund or the credit of withholding tax in the wake of cum-ex schemes due to fraudulent misrepresentation is also possible if a third party committed the fraud. Kategorien: Tax CourtSchlagwörter: cum-ex
22. April 2024 ECJ: VAT treatment of prepaid cards or voucher codes for pur ... In a request for a preliminary ruling from the Supreme Tax Court the European Court of Justice was asked to comment on the classification and VAT liability regarding the marketing of prepaid cards or voucher codes used to purchase digital content in an online shop. Specifically, the focus was on the distinction between single-purpose vouchers and multi-purpose vouchers. Kategorien: European Court of JusticeSchlagwörter: digital platform operators, multiple-pur ...
16. April 2024 Estimate of taxable income if deficient cash register is use ... In a recent ruling the Supreme Tax Court continued to develop its case law on the application of the principles of proportionality and protection of legitimate expectations in the case of estimates by the tax authorities. A full estimate that completely ignores the taxpayer's own profit and loss calculation is only permissible if the deficiencies identified are serious. Kategorien: Supreme Tax Court casesSchlagwörter: electronic cash register, minimum taxabl ...
16. April 2024 External tax audit to include review of tax withholding for ... The competence of the Federal Central Tax Office is for both full assessment of German income tax of limited taxpayers as well as monitoring and carrying out the withholding tax procedure in accordance with Section 50a (1) Income Tax Act. In a most recently published case, though, the Supreme Tax Court held that it is not permissible for the Central Tax Office to conduct general external tax audits. This is solely the responsibly of the local tax offices. Kategorien: Supreme Tax Court casesSchlagwörter: tax at source, tax audit
15. April 2024 ドイツ経済成長促進法の可決 2024年3月22日、連邦参議院は厳しい交渉の末、経済成長促進法(独: Wachstumschancengesetz 英: Growth Opportunities Act)の法案について調停委員会の妥協案を承認しました。 本稿では在独日系企業に影響が出ると考えられる項目に内容を限定して解説します。 Kategorien: Japan Business Network (JBN) NewsflashSchlagwörter: Japan
11. April 2024 Advocate General: Infringement of data protection rights of ... In a preliminary request from the Administrative Court Wiesbaden (Germany) the Advocate General (AG) is of the opinion that the supervisory authority has an obligation to act when it finds a breach while investigating a complaint. However, the decision as to what corrective action to take depends on the specific circumstances of each individual case. Kategorien: Supreme Tax Court casesSchlagwörter: Data Protection
10. April 2024 Contribution for general partner not part of trading profit ... In a most recent decision, the Supreme Tax Court held that profits from special compensation for the general partner of a limited partnership pursuant to Section 5a (4a) sentence 3 Income Tax Act attributable to the period following the cessation of the commercial and promotional activity of a partnership are not part of the trading profit subject to trade tax. Kategorien: Supreme Tax Court casesSchlagwörter: Limited Liability Company, compensation ...
08. April 2024 Legal fees for military disciplinary proceedings deductible ... A professional soldier was convicted of a criminal offense and also had to undergo military disciplinary proceedings. At least he can deduct the legal costs of the disciplinary proceedings as income related expenses, the Supreme Tax Court said in a most recent decision. Kategorien: Supreme Tax Court casesSchlagwörter: employment income
28. März 2024 Automatic exchange of bank account information does not viol ... The provision of Section 5 (3) of the Financial Accounts and Exchange of Information Act is in compliance with constitutional law. In particular, the automatic exchange of financial account information does not violate the right to informational self-determination of the taxpayers affected by it. This was ruled by the Supreme Tax Court who stated that the right of individuals to decide for themselves on the disclosure and use of their personal data is not unduly impaired. Kategorien: Supreme Tax Court casesSchlagwörter: information exchange, automatic exchange ...
28. März 2024 Provision of spa facilities not a VATable service if accessi ... According to a decision of the Supreme Tax Court, the provision of spa facilities by a municipality does not constitute a service for consideration if the municipality collects a spa tax (visitor's tax) per day from guests staying in the municipality. However, this only applies if the obligation to pay this tax is not tied to the use of the spa facilities but rather to the stay in the municipal area and if the facilities are accessible to everyone free of charge. Kategorien: Supreme Tax Court casesSchlagwörter: taxable service, municipality
27. März 2024 EUのコーポレート・サステナビリティ・デューディリジェンス指令 ... 本ニュースレターでは、本指令に係るこれまでの審議の状況を振り返るとともに、近時の審議状況を踏まえた本指令の内容を説明します。 Kategorien: Japan Business Network (JBN) NewsflashSchlagwörter: Japan
26. März 2024 Compensation upon reversal of loan contract not subject to i ... According to a ruling of the Supreme Tax Court, the compensation for use received in the context of the reversal of a consumer loan agreement after revocation is not subject to income tax. Kategorien: Supreme Tax Court casesSchlagwörter: compensation payment, loan, capital inve ...
25. März 2024 Withholding tax on income of foreign artists performing in G ... In a recent ruling, the Supreme Tax Court has commented on the tax treatment of fees paid to artists with limited tax liability for their performances in Germany. A key criterion for tax deduction at source is the intention to make a profit and the commercial objective of the performances in Germany. Kategorien: Supreme Tax Court casesSchlagwörter: foreign artist, limited taxpayer
22. März 2024 Bundesrat approves the Mediation Committee compromise on the ... On 22 March 2022, after tough negotiations, the Bundesrat (Federal Council) approved the compromise reached by the Mediation Committee on the text of the Act to Strengthen Growth Opportunities, Investment and Innovation as well as Tax Simplification and Fairness (Growth Opportunities Act). Kategorien: Official Pronouncements, Tax & Legal New ...Schlagwörter: trade tax, Income Tax Act, Growth Opport ...
18. März 2024 ECJ referral: Higher gift tax for foreign family foundation ... The Cologne Tax Court has expressed doubts as to whether a family foundation based in Liechtenstein may be denied the inheritance and gift tax privilege applicable to domestic family foundations and has referred this question to the European Court of Justice for a preliminary ruling. Kategorien: Tax CourtSchlagwörter: gift tax, family foundation
18. März 2024 ECJ: Method of calculating compensation for early repayment ... In a request for a preliminary ruling from the District Court of Ravensburg (Landgericht Ravensburg) the European Court of Justice was asked for an interpretation of Directive 2014/17/EU on the creditor’s right to receive compensation for premature repayment of a loan. The ECJ held that it must be ensured that the calculation by the creditor of its loss of profit from the premature termination, considering the flat rate return on the sum repaid early is fair and objective, and that it does not exceed the creditor’s financial loss. Kategorien: European Court of JusticeSchlagwörter: compensation payment, early repayment, l ...
11. März 2024 Trade tax banking privilege also for group financing company According to a ruling of the Supreme Tax Court the sole criterion for claiming the banking privilege for trade tax purposes is that the assets from banking transactions and the purchase of monetary receivables outweigh the assets from other business activities. With its decision the court thus keeps to the strict wording of the relevant statute. Kategorien: Supreme Tax Court casesSchlagwörter: Banking Act, trade tax addback, intra-gr ...