Suchergebnisse für: `hidden-reserves` (23 gefunden)

1. 27. Januar 2011

   Share exchange on merger at nominal value releases hidden re ...

   The Supreme Tax Court has held that a share exchange at nominal value leading to a transfer of hidden reserves abroad triggers a taxable capital gain for the transferring shareholder.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: capital gain, hidden reserves, Share exc ...
2. 23. Januar 2014

   German rule on taxation of hidden reserves on contribution o ...

   The ECJ has upheld a German rule providing for immediate taxation (but with a deferral option) of the capital gain inherent in the excess of the market over the book value of a business transferred to a corporation in exchange for shares where as a result of the transaction Germany would lose the right to tax the gain on any subsequent sale of the shares.

   Kategorien: From Europe

   Schlagwörter: capital gain, hidden reserves, contribut ...
3. 03. März 2015

   No objection to 10 year tax deferral on transfer of assets a ...

   An ECJ advocate general has suggested the court rule that a German practice of allowing deferral of taxation on the hidden reserves (appreciation in value) in intangible assets transferred abroad is proportional and reasonable in the light of the overall need to ensure a fair distribution of taxing rights between member states.

   Kategorien: From Europe

   Schlagwörter: hidden reserves, intangible assets, inte ...
4. 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 ...
5. 08. September 2011

   Dutch exit tax excessively burdensome?

   An ECJ advocate general has suggested the court accept in principle the Dutch exit tax on business, but require deferment of the actual levy until the relevant assets are realised.

   Kategorien: From Europe

   Schlagwörter: hidden reserves, exit tax, final settlem ...
6. 11. Dezember 2013

   Tonnage tax hidden reserve taxable in Germany on retirement ...

   The Supreme Tax Court has held the tonnage tax hidden reserve of a shipping partnership to be taxable in Germany on the withdrawal of a Belgian partner from the partnership.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: tonnage tax, Shipping, shipping line
7. 28. Februar 2019

   Expatriate exit taxation contravenes the Agreement for Free ...

   The ECJ held that the expatriate exit tax rule under Section 6 Foreign Tax Act contravened the principle of non-discrimination contained in the Agreement for the Free Movement of Persons between the EU and Switzerland.

   Kategorien: European Court of Justice

   Schlagwörter: exit tax, tax deferral, free movement of ...
8. 13. Januar 2017

   Amendment of tax loss utilisation rules for corporations

   Under certain conditions, changes in shareholders and the admission of new investors will in future be possible without giving rise to a forfeiture of losses carried-forward. On 23 December 2016 the Act for the Further Development of Tax Loss Utilisation for Corporations was published after having been adopted by the German Parliament (Bundestag and Bundesrat) on 20 December 2016.

   Kategorien: PwC Reports, Legislation

   Schlagwörter: Corporation tax, curtailment of losses, ...
9. 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 ...
10. 12. März 2014

    Tax & Legal News – Issue 2, March 2014

    In this issue: PwC Reports, Official Pronouncments, Supreme Tax Court Cases, From Europe and From PwC.

    Kategorien: Tax & Legal News

    Schlagwörter: Steuern / Tax
11. 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: Legislation

    Schlagwörter: Brexit
12. 14. Oktober 2015

    Ruling fee based on immediate tax effect

    The Supreme Tax Court has held that the value-based fee for a tax office ruling is to be based on immediate tax effects only, ignoring secondary consequences.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: ruling fee, binding ruling
13. 13. September 2012

    Corporate exit tax hinders freedom of establishment

    The ECJ has held the Portuguese taxation of the unrealised gains inherent in a company’s assets on change of corporate residence from Portugal to be an unjustified hindrance on the freedom of establishment.

    Kategorien: From Europe

    Schlagwörter: exit tax, unrealised gain
14. 07. September 2011

    Supplementary amount on change to tonnage tax is trading inc ...

    The Supreme Tax Court has dismissed a claim by a retiring partner that his supplementary tonnage tax charge due be privileged as a form of capital gain on disposal of his partnership share.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: capital gain, tonnage, trading income
15. 20. Juli 2011

    Discount of restoration provisions confirmed

    The Supreme Tax Court has confirmed the validity of an Income Tax Act provision requiring that restoration and rebuilding provisions be discounted.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: discount, provision, long term
16. 04. Februar 2016

    Loss forfeiture exemption for troubled businesses rejected

    The ECJ has upheld a Commission ruling to the effect that the exemption from the provision for loss forfeiture on change of shareholders for troubled companies being rescued constitutes unlawful state aid.

    Kategorien: From Europe

    Schlagwörter: change of shareholder, loss forfeiture, ...
17. 03. November 2021

    Retention period infringement under Section 6 (5) Sentence 6 ...

    According to a decision of the Supreme Tax Court, where, within the framework of a multi-level partnership, an upper partnership, which indirectly participated in an asset transferred at book value under Section 6 (5) Sentence 3 Income Tax Act ("ITA"), changes its legal form into a corporation at book value, this will be considered an infringement of the retention period under Section 6 (5) Sentence 6 ITA

    Kategorien: Supreme Tax Court cases

    Schlagwörter: transfer at book value, change of legal ...
18. 16. Mai 2017

    Curtailment of loss relief for companies in part unconstitut ...

    The German Constitutional Court held that the rules for curtailment of loss relief on change of shareholders to be in breach of the formal provisions of the constitution under the principle of equal treatment insofar as changes of more than 25% and up to 50% of the shares in a company within a period of five years are concerned.

    Kategorien: PwC Reports

    Schlagwörter: Loss relief, change in shareholders, cur ...
19. 08. August 2016

    Negative Goodwill in the case of a contribution

    The Federal Supreme Tax Court upheld a decision of the Münster Tax Court and held:

    Kategorien: Supreme Tax Court cases

    Schlagwörter: contribution, Reorganisation Tax Act, Ne ...
20. 29. November 2011

    Dutch exit tax excessively burdensome

    The ECJ has held the Dutch exit tax on the transfer of a company’s place of management to another member state to be excessively burdensome. It would be sufficient to allow establishment of the tax due on the unrealised gains at the time of departure, but to defer collection until the gains are realised.

    Kategorien: From Europe

    Schlagwörter: place of management, exit tax, unrealise ...
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