01. Juli 2022 Income adjustment pursuant to Section 1 (1) FTA vis-à-vis a ... Following a referral from the Federal Constitutional Court, the Supreme Tax Court has again had to rule on the income adjustment pursuant to Section 1 (1) Foreign Taxes Act vis-à-vis the write-down of an unsecured loan receivable issued within a group Kategorien: Supreme Tax Court cases, Constitutional ...Schlagwörter: income adjustment, International Tax, un ...
04. Dezember 2019 Waiver of exit tax upon return to Germany According to Section 6 (1) of the Foreign Taxes Act (FTA), where a taxpayer’s unlimited tax liability ceases through the taxpayer giving up his German residence/habitual abode, any material shareholdings held in his private property will be deemed as disposed of even without a sale and any capital gain on the deemed disposal will be taxable under Section 17 (1) of the Income Tax Act (ITA). Section 6 (3) FTA provides for this so-called exit tax to be subsequently waived in certain circumstances. Kategorien: Tax CourtSchlagwörter: exit tax, waiver
18. Januar 2019 Trade tax: foreign passive income attribution Two decisions of the Baden-Württemberg Tax Court have been published in connection with the attribution of foreign passive income for trade tax purposes. In these decisions the Court also raises doubts as to whether the add-back of this type of foreign income is compatible with EU law. Kategorien: Tax CourtSchlagwörter: trade tax, CFC, trade tax deduction, for ...
18. Dezember 2018 Draft bill - Brexit Ancillary Regulations On 13 December 2018 the Federal Ministry of Finance published a draft bill for the enactment of tax and other regulations for Brexit (“Brexit Bill”)designed to alleviate certain legal consequences arising by reason of Brexit alone. Kategorien: LegislationSchlagwörter: Brexit
06. November 2019 CFC rules considered to be in line with EU law Following a ruling by the European Court of Justice (ECJ) earlier this year, the Supreme Tax Court held in its decision of 31 October 2019 that the incorporation into the tax base of controlled company income from invested capital from an intermediary company domiciled in Switzerland in the financial year 2006 may restrict the free movement of capital, but it is justified through compelling reasons of public interest and does not therefore contravene EU law. Kategorien: Supreme Tax Court casesSchlagwörter: CFC provisions, free movement of capital ...
09. Juni 2021 UPDATE : Bundestag passes the Act to Modernise the Relief of ... On 5 May 2021, the Bundestag passed the Act to Modernise the Relief of Withholding Taxes and the Certification of Capital Gains Tax. The law as passed is based on the resolution recommended and passed by the Bundestag Finance Committee on 21 April 2021. Kategorien: LegislationSchlagwörter: ATAD, dividend withholding tax, Income T ...
