Kategorien: Supreme Tax Court cases (554 gefunden)

  1. 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 cases
    Schlagwörter: electronic cash register, minimum taxabl ...
  2. 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
  4. 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 cases
    Schlagwörter: Limited Liability Company, compensation ...
  6. 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 cases
    Schlagwörter: information exchange, automatic exchange ...
  7. 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 cases
    Schlagwörter: taxable service, municipality
  10. 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 cases
    Schlagwörter: Banking Act, trade tax addback, intra-gr ...
  11. 04. März 2024

    Inheritance Tax for legacy given on condition precedent

    If spouses set up a bequest in the form of a so-called Berlin will (Berliner Testament) for children who do not claim their compulsory portion upon the death of the first deceased, the surviving spouse as the heir of the first deceased cannot deduct the bequest as a liability, as the bequest is not yet due. In a recent ruling, the Supreme Tax Court also held, that the child as successive heir must pay inheritance tax on the final legacy as it originates upon the death of the surviving spouse.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: inheritance tax, double charge
  12. 27. Februar 2024

    Flat-rate tax for the use of VIP hospitality lounge for cust ...

    The Supreme Tax Court ruled that the provision of seats in a VIP hospitality lounge (VIP box) free of charge to business partners and employees constitutes a benefit in kind that may be taxed at a flat rate in accordance with Section 37b of the German Income Tax Act. The benefit in kind was by way of the use of the individual VIP box seat. Expenses relating to empty seats are not to be considered.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: employee benefit, benefit in kind
  14. 19. Februar 2024

    Reduced VAT rate for supply of works of art by creator or hi ...

    According to a decision of the Supreme Tax Court the author of works of art for the purpose of the reduced VAT rate as provided in Section 12 (2) No. 13 VAT Act is the (intellectual) creator of the work and not his or her successor in title. The question of authorship for VAT purposes must be answered in accordance with the provisions of the Copyright Act.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: reduced rate VAT
  18. 22. Januar 2024

    No income tax on sale of inherited property after acquisitio ...

    In a case of the sale of property belonging to the estate of an association of co-heirs the Supreme Tax Court held that the acquisition for consideration of a joint shareholding is not equivalent to the direct pro rata acquisition of the inherited assets themselves. With this most recent judgment the Supreme Tax Court abandons its previous case law on the matter.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: inheritance tax, heir
  19. 19. Januar 2024

    So-called block acquisitions may meet the terms of Section 8 ...

    In a recent judgement, the Supreme Tax Court decided that the participation threshold specified in Section 8b (4) Sentence 6 of the German Corporation Tax Act (“CTA”) (10 % of the share capital) can also be attained through an acquisition transaction which is economically uniform from the acquirer's perspective in a situation where several sellers are involved in the transaction.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: Intercorporate dividends, tax exemption
  20. 18. Dezember 2023

    Excess drawings in a two-tier partnership structure

    In a decision published on 14 December 2023 on Section 4 (4a) of the German Income Tax Act (restriction of deductible interest expense in the case of excess drawings), the Supreme Tax Court decided that the rule whereby Section 4 (4a) Income Tax Act (ITA) is to be applied for each business in isolation – a so-called business-related application - also applies to multi-level partnership structures. As a result, the transfer of a rolled-over profit in accordance with Section 6b ITA (roll-over relief) to another legal entity does not lead to a contribution to the transferring legal entity - (i.e. a contribution which would reduce the level of excess drawings) - due to the fact that no contributable asset was involved.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: non-deductible expenses, loan interest, ...
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Björn Viebrock

Björn Viebrock

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Düsseldorf

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