Tax & Legal

Kategorien: Alle (7 gefunden)

1. 25. Oktober 2024

   ECJ: Partial recovery of commission in case of early repayme ...

   In a preliminary request from Poland the European Court of Justice decided that the consumer can recover part of the commission linked to the granting of credit if he or she has not been informed that this commission is not dependent of the duration of the contract. The same applies if the consumer has paid that commission in a single instalment when concluding the mortgage agreement.

   Kategorien: European Court of Justice

   Schlagwörter: early repayment, loan
2. 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 ...
3. 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 Justice

   Schlagwörter: compensation payment, early repayment, l ...
4. 16. Februar 2024

   Partial waiver of a subsidised loan under the Upgrading Trai ...

   In a recent judgement, the Supreme Tax Court (BFH) ruled that partial loan forgiveness for professional development training constitutes taxable income from employment under Section 19 (1) Sentence 1 No. 1 of the Income Tax Act.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: loan, Income Tax Act, income from employ ...
5. 10. Oktober 2022

   ECJ: Financing services provided through sub-participation e ...

   According to the ECJ, financing provided to the originator under a sub-participation agreement is a VAT exempt transaction and complies with the exempt transactions listed Article 135(1)(b) of Council Directive 2006/112/EC (VAT Directive) concerning “the granting and the negotiation of credit and the management of credit by the person granting it”.

   Kategorien: European Court of Justice

   Schlagwörter: Credit, Financial Services (FS) / Finanz ...
6. 03. Januar 2013

   No write-down of interest-free loan asset

   The Supreme Tax Court has refused a company a write-down to current market value of an interest-free long-term loan asset on the grounds that ultimate repayment was not in doubt and that the value impairment was therefore only temporary.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: loan, interest-free, value impairment
7. 04. September 2012

   Factoring is not a loan

   The Supreme Tax Court has held that charges for factoring are fully subject to standard rate VAT as a service, even if an interest element is shown separately on the invoice.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: Factoring, interest, loan