Tax & Legal

Kategorien: Alle (8 gefunden)

1. 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 cases

   Schlagwörter: tax at source, tax audit
2. 12. Februar 2024

   Death of business owner does not prevent tax audit for prior ...

   The Tax Court of the State of Hesse has dismissed an action brought by two sons who, as heirs, did not continue the business of their deceased father. A tax audit was announced for several prior years. The heirs objected in an appeal before the tax court. To no avail. In fact, they must tolerate and comply with the tax audit, the tax court says in a 2023 decision published in January 2024.

   Kategorien: Tax Court

   Schlagwörter: tax audit, Business heirs
3. 21. März 2023

   Findings during cash inspection may warrant subsequent tax a ...

   Similar to a VAT inspection pursuant to Section 27b of the German VAT Act, the review of the cash-system (here: at a restaurant business) does not require prior notice or the specification of reasons. This was decided by the Hamburg Tax Court. In addition, the court held that the cash inspection allows an automatic follow-up tax audit if warranted by the facts determined during the cash inspection.

   Kategorien: Tax Court

   Schlagwörter: tax audit
4. 11. November 2022

   Bundestag adopts regulations on reporting obligations for di ...

   On 10 November 2022 the Bundestag approved the bill submitted by the Federal Government to implement Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation and modernising tax procedural law (20/3436, 20/4228).

   Kategorien: Legislation

   Schlagwörter: DAC 7, tax audit, General Tax Code
5. 28. März 2022

   Compliance-Trap in International Insurance Programs

   We have been noticing an increased number of notifications to the Federal Central Tax Office during tax audits for the failure by German subsidiaries and permanent establishments to declare and pay over German Insurance Premium tax on premiums paid by a foreign group entity to an insurer domiciled outside the EU or EEA. This can prove very costly.

   Kategorien: Tax & Legal Newsflash

   Schlagwörter: Insurance / Versicherungen, secondary li ...
6. 04. April 2017

   Tax administration issues guidelines on cross-border coordin ...

   In light of global trading of multinational corporations the tax offices are in constant pursuit of stronger international tax compliance. The German Federal Finance Ministry has now issued guidelines on coordinated external tax audits with foreign tax administrations.

   Kategorien: Official Pronouncements

   Schlagwörter: coordinate, tax audit
7. 14. März 2013

   Provision for future tax audit costs

   The finance ministry has accepted as a precedent a Supreme Tax Court ruling allowing “large” businesses subject to regular tax audit to provide with tax effect for the costs to be incurred in assisting the tax auditors.

   Kategorien: Official Pronouncements

   Schlagwörter: tax audit, tax audit provision
8. 05. September 2012

   Provision for future tax audit support

   The Supreme Tax Court has held that a large company is entitled to provide with tax effect for the costs of supporting a future tax audit in respect of all years ended on balance sheet date.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: tax audit, tax audit provision