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 casesSchlagwörter: capital gain, hidden reserves, Share exc ...
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 EuropeSchlagwörter: capital gain, hidden reserves, contribut ...
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 EuropeSchlagwörter: hidden reserves, intangible assets, inte ...
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 EuropeSchlagwörter: hidden reserves, exit tax, final settlem ...
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 CourtSchlagwörter: partnership, asset transfer
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 PronouncementsSchlagwörter: share acquisition, loss forfeiture, hidd ...
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 casesSchlagwörter: tonnage tax, Shipping, shipping line
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 JusticeSchlagwörter: exit tax, tax deferral, free movement of ...
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, LegislationSchlagwörter: Corporation tax, curtailment of losses, ...
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 PronouncementsSchlagwörter: Limited, post-Brexit
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
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 NewsSchlagwörter: Steuern / Tax
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 PronouncementsSchlagwörter: loss carry forward, continuance-bound ta ...
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 casesSchlagwörter: ruling fee, binding ruling
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 EuropeSchlagwörter: exit tax, unrealised gains
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 casesSchlagwörter: capital gain, tonnage, trading income
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 casesSchlagwörter: provision, long term, discounts
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 EuropeSchlagwörter: loss forfeiture, change of shareholders, ...
12. Februar 2025 Trade tax treatment of the sale of a partnership share with ... In a recently published decision, the Supreme Tax Court held that the profit from the sale of a limited partnership share which is proportionally encumbered with an atypical sub-participation is fully subject to trade tax. Kategorien: Supreme Tax Court casesSchlagwörter: Sale of shares, limited partnership
28. Oktober 2022 Bundesrat adopts recommendations of its committees on the Fi ... In its meeting today, the Bundesrat (Federal Council) by and large adopted the various demands and requests for review made by its committees in their representations on the Finance Bill 2022. Kategorien: Official Pronouncements, LegislationSchlagwörter: Corporation tax, Income Tax Act, Finance ...