Suchergebnisse für: `foreign-tax` (82 gefunden)

1. 14. April 2011

   ECJ to rule on foreign tax credit limitation

   The Supreme Tax Court has filed a preliminary question with the ECJ on the calculation of the German income tax attributable to foreign source income as the maximum amount of the foreign tax credit.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: investment income, foreign tax credit, p ...
2. 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, ...
3. 02. Oktober 2013

   Maximum foreign tax credit to take account of personal allow ...

   The finance ministry has decreed that all assessments in which the foreign tax credit is less than that actually borne are to be issued provisionally pending a change in the law to reflect personal allowances in the calculation. Taxpayers may apply for a stay of execution on any amount at issue.

   Kategorien: Official Pronouncements

   Schlagwörter: foreign tax credit, personal allowances, ...
4. 02. April 2014

   Foreign tax credit to reflect personal allowances

   The Supreme Tax Court has followed an ECJ judgment in basing the maximum foreign tax credit on the total German tax payable on the foreign income as calculated under the assumption that personal allowances and reliefs are first set against the domestic income. The court also held the “per country” limitation to be in accordance with community law.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: foreign tax credit, per country limitati ...
5. 14. Dezember 2017

   Foreign Tax Act: Income adjustment in accordance with commun ...

   The Lower Tax Court of Rhineland Palatinate has asked the ECJ to rule on the income adjustment provision of the Foreign Tax Act as amended in 2003 as it might not be in accordance with EU-law. The focus of the judicial review is on the tax consequences of a business relationship with a related party and where the terms do not meet the third party comparison test. The ECJ advocate general has suggested the court decide that the German rules for profit adjustment under Sec. 1 Foreign Tax Act are not in violation of the freedom of establishment.

   Kategorien: European Court of Justice

   Schlagwörter: income adjustment, business relationship
6. 20. August 2015

   Foreign tax credit rather than exemption does not offend aga ...

   The Supreme Tax Court has held that a treaty provision calling for double tax relief for aircrew by foreign tax credit as opposed to the exemption method for other professions does not offend against the equal rights provision of the constitution.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: aircrew, double tax relief, equal treatm ...
7. 31. August 2011

   Foreign tax credit on hedged loan interest takes hedge costs ...

   The Supreme Tax Court has held that the hedge costs on a foreign currency loan are to be deducted from the interest received in calculating the net foreign income as the basis for the foreign tax credit available.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: loan interest, interest, foreign currenc ...
8. 05. April 2016

   No conflict between Foreign Tax Act and tax treaty definitio ...

   The finance ministry has decreed that Supreme Tax Court judgments limiting the income adjustments under the Foreign Tax Act to questions of amount are not to be followed as precedents prohibiting adjustments by reason of the nature of the transaction under review.

   Kategorien: Official Pronouncements

   Schlagwörter: income adjustment, arm's length, Foreign ...
9. 08. Mai 2025

   Adjustment of local branch profit according to Section 1 (5) ...

   In a decision published today, the Supreme Tax Court held that Section 1 (5) Foreign Tax Act does not constitute an independent rule for determining permanent establishment profits. General allocation methods such as the cost-plus method require a clear legal basis - otherwise they are inadmissible.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: German branch, income adjustment
10. 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 ...
11. 10. November 2021

    Foreign tax credit possible even if several options to reduc ...

    The regional tax court of Rhineland-Palatinate had to decide whether, in the case of a right to choose between two methods of reducing foreign withholding tax, the taxpayer must ensure that foreign taxes are credited in as small an amount as possible. The regional tax court is of the opinion that it is at the discretion of the taxpayer if and how to use the option to which he is entitled and that this does not have an adverse impact on the general possibility of a foreign tax credit against his German income tax liability.

    Kategorien: Tax Court

    Schlagwörter: foreign tax credit, foreign withholding ...
12. 21. November 2025

    tax & legal newsflash - ECJ referral on the “switch-over” c ...

    In its decision of 3 June 2025, (IX R 39/21 - published on 20 No-vember 2025), the Supreme Tax Court referred the "switch-over" in Section 20 (2) Foreign Tax Act (“FTA”) to the ECJ: de-nial of DTA exemption for passive and low-taxed foreign per-manent establishments and partnerships. The core question of the referral is whether it should be possible for the taxpayer – in the context of CFC taxation under Section 7 FTA et seq. – to provide "counter-evidence" in accordance with Section 8 (2) FTA.

    Kategorien: Tax & Legal Newsflash

    Schlagwörter: EU Law
13. 19. Oktober 2011

    Only partial foreign tax credit on repeated gifts

    The Supreme Tax Court has held that credit for foreign gift tax is limited to the amount paid in the year of each gift. Lost credit in a prior year cannot be recovered against the higher tax now payable by reason of a higher progressive rate.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: foreign tax credit, gift tax, lost credi ...
14. 05. März 2013

    Maximum foreign tax credit should not be reduced by domestic ...

    The ECJ has held that the notional tax on foreign source income should not be reduced by a portion reflecting domestic allowances and reliefs.

    Kategorien: From Europe

    Schlagwörter: foreign tax credit, foreign tax relief, ...
15. 22. November 2022

    Accrual of foreign source income and foreign tax credit

    Part of the fee payable by the foreign client which is initially retained in anticipation of a potential foreign withholding tax liability of the German self-employed contractor is not immediately subject to income tax in the hands of the latter. According to a ruling of the Supreme Tax Court, the fee withheld is only subject to German income tax if the foreign customer settles the foreign (withholding)tax liability incurred on the total amount of the agreed fees.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: foreign tax credit, accruall, foreign wi ...
16. 01. Februar 2023

    Future expenses not to be included when calculating maximum ...

    When determining the amount of foreign withholding tax credit against German income or corporation tax, expenses for future earnings are not to be included in the calculation, which - in the case of dispute before the Supreme Tax Court- improved the plaintiffs tax credit potential. This decision of the Supreme Tax Court contrasts with the view held by the tax authorities.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: foreign tax credit
17. 27. April 2025

    Attribution taxation for foundations under the Foreign Tax A ...

    In a most recent judgment, the Supreme Tax Court decided that the restriction for exemption from taxation of the retained income of foreign foundations with their management or registered office in a member state of the European Union or a contracting state of the EEA to be in conflict with the EU free movement of capital.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: free movement of capital, family foundat ...
18. 21. Mai 2025

    MoF: Circular on cross-border audit cooperation with foreign ...

    The Federal Ministry of Finance (MoF) has revised its guidelines regarding the exchange of information and the associated external audit titled “instruction sheet on cross-border audit cooperation with tax administrations of other countries and territories: joint and simultaneous audits and presence of officials”.

    Kategorien: Official Pronouncements

    Schlagwörter: information exchange, tax audit
19. 09. Januar 2011

    Active business can be contracted out

    The Supreme Tax Court has held that a Dublin docks reinsurance company that subcontracted its operation under a management agreement was an active business within the meaning of the Foreign Tax Act.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Active business, contracted out, CFC pro ...
20. 26. November 2014

    Income adjustment for interest-free loan to foreign subsidia ...

    The Supreme Tax Court has held that an income adjustment for the interest lost on an interest-free loan to a foreign subsidiary can be made under the Foreign Tax Act unless the loan was granted as a substitute for share capital.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: income adjustment, interest-free loan, f ...
21. Weitere laden