Suchergebnisse für: `corporation-tax` (100 gefunden)

1. 05. März 2013

   Corporation tax on portfolio dividends

   The Bundesrat has passed a bill to charge dividend income on investments of less than 10% to corporation tax.

   Kategorien: PwC Reports

   Schlagwörter: portfolio dividend
2. 17. Januar 2011

   Corporation tax imputation credit – round two

   An ECJ advocate general has suggested the court give rather general guidance on the calculation and verification of the creditable corporation tax underlying a dividend from another EU country.

   Kategorien: From Europe

   Schlagwörter: Europäischer Gerichtshof (EuGH), Meilick ...
3. 10. Juni 2015

   Imputation credit for foreign corporation tax refused

   Despite apparently favourable ECJ judgments, the Supreme Tax Court has once again refused a taxpayer credit for the foreign corporation tax due on a dividend received during the currency of the old, imputation tax System.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: imputation, foreign tax, imputation syst ...
4. 07. November 2013

   Denial of corporation tax credit for foreign dividend justif ...

   An ECJ advocate general has suggested the court recognise a restriction on the free movement of capital from the differing treatment of the corporation tax underlying domestic and foreign dividends, but hold it to be justified in the interests of maintaining the internationally agreed balance of taxing rights.

   Kategorien: From Europe

   Schlagwörter: free movement of capital, foreign divide ...
5. 21. März 2013

   Old corporation tax rate on German branch income of non-EU c ...

   The Supreme Tax Court has held that the corporation tax rate on the permanent establishment income of non-EU foreign companies under the old, pre-2001 system was acceptable under community law and the double tax treaty.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: permanent establishment, branch, imputat ...
6. 20. August 2020

   Federal Ministry of Finance: draft circular on the applicati ...

   The Federal Ministry of Finance has sent the draft of a Ministry circular on the application of Section 8d of the Corporation Tax Act (CTA) – continuance-bound loss carry-forward after loss forfeiture - to the professional associations for comment.

   Kategorien: Official Pronouncements

   Schlagwörter: loss carry forward, continuance-bound ta ...
7. 25. August 2015

   Non-typical silent partnership excludes company from Organsc ...

   The finance ministry has decreed that a company with an untypical silent partner cannot be a member of a corporation tax group.

   Kategorien: Official Pronouncements

   Schlagwörter: Organschaft, tax group, silent partnersh ...
8. 26. April 2012

   Interest on tax overpayments taxable income of corporations

   The Supreme Tax Court has held that the interest paid to a corporation on an overpayment of corporation tax is taxable income in contrast to the position of income tax payers up to 2010.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: tax interest, tax debt
9. 30. Juni 2011

   Maximum imputation credit for foreign tax is amount paid

   The ECJ has held that the foreign tax imputation credit on a dividend received from abroad is the lower of the corporation tax shown to have been paid abroad and the income tax due on the dividend by recipient.

   Kategorien: From Europe

   Schlagwörter: Meilicke, imputation, foreign dividend, ...
10. 17. Mai 2019

    Tax exemption on gains from share disposals available to fin ...

    Gains realised by financial undertakings resident in third countries on the disposal of shares are fully exempt from corporation tax. In these proceedings,the Hessian Tax Court considered whether the exclusion from the benefit of the participation exemption under Section 8b (7) of the Corporation Tax Act also applied to credit institutions and financial services institutions not resident in the EU/EEA.

    Kategorien: Tax Court

    Schlagwörter: financial undertakings, banks, participa ...
11. 07. August 2012

    Royalty withholding tax on net income of EU creditor

    The ECJ has held that the withholding tax on a royalty paid to a corporation in another EU country may not be more than the corporation tax rate applied to the income less the directly related costs.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: withholding tax, royalty
12. 10. Juli 2013

    Write-down on some foreign investments permitted for 2001

    The Supreme Tax Court has held that the Corporation Tax Act prohibition on impairment write-downs on foreign investments in 2001 must be disapplied if the investment is protected by the EU freedoms of establishment or capital movement, or if it leads to retrospective taxation.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: foreign investment, write-down, impairme ...
13. 14. November 2012

    Foreign tax credit precluded if domestic income exempt despi ...

    The ECJ has held that freedoms of establishment and of capital movement preclude national legislation relieving foreign tax by credit as opposed to the exemption of domestic source income where the actual corporation tax paid by domestic companies is generally less than the nominal rate. It has also accepted the freedom of capital movement as relevant, unless the national legislation was aimed at controlling interests.

    Kategorien: From Europe

    Schlagwörter: foreign tax credit, freedom of establish ...
14. 01. April 2019

    Non-deductible deemed business expenses not to be derived fr ...

    If a corporation is merged into its parent company, which in turn is a controlled company within a corporation tax group (fiscal unity/“Organschaft”) with a corporation as the controlling company (“Organträger”), the Supreme Tax Court has ruled that no flat-rate deemed business expenses are to be added back to profits under Section 8b (3) sentence 1 of the German Corporation Tax Act (CTA) either at the level of the parent company or at the level of the controlled company, where the said non-deductible flat-rate deemed business expenses are derived from a merger gain.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Upstream merger, merger profit, corporat ...
15. 19. Juni 2019

    European Court of Justice: Final Losses

    The European Court of Justice held in its decision Memira Holding AB issued on 19 June 2019 that when assessing whether the losses of a non-resident subsidiary are final within the meaning of its judgment in Marks & Spencer on 13 December 2005 (C‑446/03), the fact that, in the event of a merger, the subsidiary’s Member State of establishment does not does not allow the losses of one company to be transferred to another company liable for corporation tax, is not decisive, unless the parent company can demonstrate that it is impossible for it to deduct those losses through ensuring that - in particular by means of a sale- the losses are fiscally taken into account by a third party for future tax periods.

    Kategorien: European Court of Justice

    Schlagwörter: freedom of establishment, final losses, ...
16. 05. Mai 2011

    Relief or pension payments deductible as expenses of taxable ...

    The Supreme Tax Court has held that payments from an employee relief fund in fulfilment of its purpose are deductible as business expenses if the fund is charged to corporation tax on an excess of assets.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: exemption, relief fund, actuarially valu ...
17. 11. März 2022

    Disposal of shares from a convertible bond issue

    According to a ruling of the Supreme Tax Court published on 10 March 2022, where a financial company acquires a convertible bond with the intention of achieving a short-term proprietary trading profit and sells the shares received as a result of the conversion, this meets the conditions of Section 8b (7) sentence 2 Corporation Tax Act.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: banks, convertible bonds, financial comp ...
18. 05. Dezember 2017

    Final circular published by Federal Ministry of Finance on a ...

    On 30 November 2017, the Federal Ministry of Finance published the final version of its circular on the application of the loss forfeiture rules according to Section 8c of the Corporation Tax Act (CTA), including comments on the Hidden Reserve Clause and the Group Clause. This circular replaces the circular on this subject from 4 July 2008.

    Kategorien: Official Pronouncements

    Schlagwörter: share acquisition, loss forfeiture, hidd ...
19. 19. Oktober 2016

    Tax neutral repayment of capital contributions by companies ...

    The transfer of shares to German-residents shareholder as part of a US spin-off generally constitutes investment income under Section 20 (1) No. 1 of the Income Tax Act (ITA); Section 20 (1) No. 1 Sentence 3 ITA is to be interpreted in line with EU law, so that companies resident outside the EU may also repay capital contributions on a tax neutral basis, even though they do not maintain a contributions account for tax purposes under Section 27 of the Corporation Tax Act (CTA).

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Steuern / Tax
20. 30. November 2021

    Federal Constitutional Court: Inadmissible review of norm r ...

    In a decision published on 26 November 2021, the Federal Constitutional Court (Bundesverfassungsgericht,) declared as inadmissible a referral by the Supreme Tax Court (Bundesfinanzhof) regarding Section 3 of the Solidarity Surcharge Act 1995 as amended on October 15, 2002 (SSA, 1995).

    Kategorien: Constitutional Court

    Schlagwörter: solidarity surcharge, corporate income t ...
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