Tax & Legal

Kategorien: Alle (14 gefunden)

1. 02. Februar 2024

   Update: ECJ - Different tax treatment of resident and non-re ...

   Based on the German tax provisions existing in the years in dispute 2008 through 2010, resident and non-resident special real estate funds are treated differently, which is disadvantageous for non-resident special real estate funds. In its decision the ECJ sees a restriction on the free movement of capital which cannot be justified by overriding reasons of public interest.

   Kategorien: European Court of Justice

   Schlagwörter: investment funds
2. 14. November 2023

   Bundestag decides on Future Financing Act

   On Thursday, 16 November 2023, the Bundestag will vote on the Federal Government's bill to finance future-proof investments.

   Kategorien: Official Pronouncements, Tax & Legal New ...

   Schlagwörter: Real Estate, investment funds, employee ...
3. 29. August 2023

   Transfer of assets of an investment fund as part of spin-off

   On 25 August 2023, the Federal Ministry of Finance (MoF) issued a circular on the transfer of assets from an investment fund within the meaning of Chapter 2 of the Investment Tax Act to a new investment fund as part of a spin-off.

   Kategorien: Official Pronouncements

   Schlagwörter: Spin-off, investment funds
4. 12. Juli 2022

   Italian withholding taxes on dividends distributed to foreig ...

   The Italian Supreme Court issued seven important judgments in which it ruled that Italian withholding taxes levied on dividends distributed to a German investment fund and six US investment funds are in violation of the EU principles on the free movement of capital (Article 63 (TFEU).

   Kategorien: PwC Reports

   Schlagwörter: investment funds, withholding tax refund
5. 06. August 2015

   Income documentation exemption for non-transparent investmen ...

   The finance ministry has clarified that its decree of February 4, 2015 on the documentation requirements to be met by resident investors in non-transparent foreign investment funds applies to funds located in other EEA countries only.

   Kategorien: Official Pronouncements

   Schlagwörter: investment funds, non-transparent, minim ...
6. 21. Mai 2015

   Estimated taxation on deemed income from non-transparent inv ...

   The ECJ has held that a German provision for the taxation of deemed income from foreign investment funds outside the EU that do not comply with the German disclosure requirements falls under the “grandfather” clause of Art 64 of the TFEU allowing restrictions on the free movement of capital to and from third countries on December 31, 1993 to continue in force.

   Kategorien: From Europe

   Schlagwörter: free movement of capital, investment fun ...
7. 18. Februar 2015

   Finance ministry interprets ECJ ruling on “non-transparent” ...

   The finance ministry has published a list of documents to be produced by unit holders in “non-transparent” investment funds if they wish to avoid taxation on punitive deemed income.

   Kategorien: Official Pronouncements

   Schlagwörter: investment funds, unit holders, deemed i ...
8. 11. Oktober 2014

   Arbitrary tax on “non-transparent” investment funds rejected

   The ECJ has rejected the estimated taxation of “non-transparent” investment funds as excessive taxation hindering the freedom of capital movement on shares held in foreign investment funds that do not report und publish their results in Germany in accordance with German law.

   Kategorien: From Europe

   Schlagwörter: investment funds, non-transparent
9. 27. Mai 2014

   Foreign investment fund privilege extended

   The finance ministry has extended the period to the first accounting years ending after July 20, 2016 in which foreign investment trusts doing business in Germany on December 22, 2008, but that no longer meet the formal German registration requirements continue to be treated as though they were still recognised, provided they continue to publish their accounts in the prescribed form.

   Kategorien: Official Pronouncements

   Schlagwörter: investment funds, foreign investment tru ...
10. 27. März 2014

    No refusal of relief under tax deferral scheme rules for unp ...

    The Supreme Tax Court has held that a loss incurred on an investment project of a closed-circle investment fund can be deducted by investors from their other income if the loss was not pre-planned and factored into the fund’s yield calculations.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: investment funds, tax deferral scheme
11. 23. November 2013

    Penalty tax on “intransparent” investment fund hinders free ...

    An ECJ advocate general has suggested the court rule the German rules for “penalty” taxation on a unit holder of a foreign investment fund to be an unjustified hindrance on the investor’s freedom of capital movement.

    Kategorien: From Europe

    Schlagwörter: investment funds, penalty tax
12. 07. März 2013

    Investment consultancy to retail investment fund free of VAT

    The ECJ has held that investment consultancy services to an investment management company operating a retail investment trust fund are free of VAT as investment fund management services.

    Kategorien: From Europe

    Schlagwörter: Investment Management, investment funds, ...
13. 28. Dezember 2011

    Write-down of units held in investment funds

    The Supreme Tax Court has held that units held in unquoted investment funds holding shares should be written down to their redemption price at year-end or, if not freely disposable, to their issue price.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: write-down, units, investment funds
14. 08. Juni 2011

    ECJ to rule on VAT on investment consultancy fees charged to ...

    The Supreme Tax Court has asked the ECJ to rule on whether the fees charged to a fund by an investment consultant for specific disposition recommendations are free of VAT as fund management.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: consultancy, fund management, investment ...