Tax & Legal

Kategorien: Alle (4 gefunden)

1. 04. Oktober 2025

   Redemption of gold warrant certificates taxable as capital i ...

   Regarding the redemption of so-called gold warrants, the Supreme Tax Court decided that taxation as „other claims from capital investments“ within the meaning of Section 20 (1) No. 7 Income Tax Act cannot be ruled out on grounds that the holder of the capital claim has the right to demand fulfillment by means other than cash. If the holder exercises this option, the transaction constitutes a taxable redemption and is treated as income from capital investment.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: commodity warrant, capital investment in ...
2. 04. Oktober 2025

   Supreme Tax Court rejects loss offsetting scheme with securi ...

   Section 20 (4a) sentence 3 of the Income Tax Act (ITA) provides that certain capital-related measures are initially treated as tax neutral. Taxation only occurs at the time of resale of the securities which were delivered in the course of the capital transaction. In a recent judgment, the Supreme Tax Court decided that this does not apply to cases in which neither the issuer nor the holder has the right under the contractual terms to unilaterally tender securities or demand the delivery of securities instead of repayment of the securities in cash.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: loss offset, securities dealings, capita ...
3. 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 cases

   Schlagwörter: compensation payment, loan, capital inve ...
4. 09. August 2021

   Loss on exchange of profit participation rights can be offse ...

   The Regional Tax Court of Muenster held that a loss from the exchange of profit participation rights for shares in a registered cooperative ("eG") and bonds may be set off against income from capital investments. Thus, the tax office's attempt to regard the loss as belonging to the non-taxable private asset portfolio of the plaintiff failed.

   Kategorien: Tax Court

   Schlagwörter: loss offset, exchange gain or loss, prof ...