Suchergebnisse für: `hidden-reserves` (37 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. 18. Juli 2025

   Trade tax attribution of profit from the sale of shares in t ...

   The profit from the sale of a share in the upper-tier partnership as prescribed in Section 7 sentence 2 no. 2 Trade Tax Act is not to be allocated to the hidden reserves of the upper-tier partnership and the hidden reserves of the lower-tier partnership. It is rather a single and uniform sales transaction at the level of the upper-tier partnership, the Supreme Tax Court said in a most recently published decision.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: hidden reserves, Two-Tier Partnerships
4. 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 ...
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. 15. Januar 2024

   Constitutional Court: Tax privileged transfer of business as ...

   The Federal Constitutional Court held that § Section 6 (5) Income Tax Act providing for the transfer of business assets at book values to be incompatible with the German Basic Law insofar as it rules out a transfer at book value between partnerships with identical shareholding. This exclusion from the tax privilege is incompatible with the general guarantee of the right to equality and thus not justified.

   Kategorien: Constitutional Court

   Schlagwörter: partnership, asset transfer
7. 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 ...
8. 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
9. 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 ...
10. 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, ...
11. 28. Juli 2023

    German tax consequences on the removal of British limited co ...

    The German Federal Ministry of Finance has commented on the tax consequences of a UK limited company which has been removed from the British register of companies (Companies House) after 31 December 2020.

    Kategorien: Official Pronouncements

    Schlagwörter: Limited, post-Brexit
12. 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
13. 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
14. 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 ...
15. 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
16. 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 gains
17. 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
18. 24. Oktober 2025

    Roll-over provision under Section 6b of the Income Tax Act ( ...

    In its judgement of 2 July 2025 ( XI R 27/22), the Supreme Tax Court ruled that a roll-over provision created incorrectly in accordance with Section 6b(3) of the Income Tax Act (ITA) must be corrected in accordance with the principles of formal balance sheet consistency.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: roll-over relief provision, Income Tax A ...
19. 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: provision, long term, discounts
20. 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: loss forfeiture, change of shareholders, ...
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