Suchergebnisse für: `imputation` (1606 gefunden)

1. 10. Juni 2015

   Imputation credit for foreign corporation tax refused

   Despite apparently favourable ECJ judgments, the Supreme Tax Court has once again refused a taxpayer credit for the foreign corporation tax due on a dividend received during the currency of the old, imputation tax System.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: imputation, imputation system, Foreign T ...
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. 16. Oktober 2024

   MoF: Credit of foreign corporate tax under previous imputati ...

   In a most recent circular the Federal Ministry of Finance commented on the method of the foreign corporation tax credit under the formerly applicable German imputation system. The focus of the circular are two judgments of the European Court of Justice as regards the calculation and verification of the creditable corporation tax underlying a dividend from another EU country.

   Kategorien: Official Pronouncements

   Schlagwörter: foreign tax credit, corporate income tax ...
4. 08. Februar 2023

   Update: Provision for transition from imputation system to h ...

   The German Federal Constitutional Court has ruled that the transitional provision from the imputation system to the so-called half-income method in the course of the Annual Tax Act 2010 is partially incompatible with the German Basic Law and obliges the legislator to retroactively eliminate the identified constitutional violation by 31 December 2023.

   Kategorien: Constitutional Court

   Schlagwörter: imputation system
5. 17. Januar 2011

   Corporation tax imputation credit – round two

   An ECJ advocate general has suggested the court give rather general guidance on the calculation and verification of the creditable corporation tax underlying a dividend from another EU country.

   Kategorien: From Europe

   Schlagwörter: Europäischer Gerichtshof (EuGH), Meilick ...
6. 16. September 2014

   Differing forms of double tax relief not restriction on free ...

   The ECJ has held that no restriction on the freedom of capital movement arises from relieving domestic double taxation on dividend income under an exact imputation system, whilst foreign double taxation is relieved by exempting the foreign income.

   Kategorien: From Europe

   Schlagwörter: foreign income, double tax relief, divid ...
7. 21. März 2013

   Old corporation tax rate on German branch income of non-EU c ...

   The Supreme Tax Court has held that the corporation tax rate on the permanent establishment income of non-EU foreign companies under the old, pre-2001 system was acceptable under community law and the double tax treaty.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: permanent establishment (PE), branch, im ...
8. 07. November 2013

   Denial of corporation tax credit for foreign dividend justif ...

   An ECJ advocate general has suggested the court recognise a restriction on the free movement of capital from the differing treatment of the corporation tax underlying domestic and foreign dividends, but hold it to be justified in the interests of maintaining the internationally agreed balance of taxing rights.

   Kategorien: From Europe

   Schlagwörter: free movement of capital, foreign divide ...
9. 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 ...
10. 13. August 2015

    Tax & Legal News – Issue 4, August 2015

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

    Kategorien: Tax & Legal News

    Schlagwörter: Steuern / Tax
11. 26. April 2012

    Investment write-down in 2001 to be allowed

    The finance ministry has issued a decree to allow companies to write down their financial investments and marketable securities in 2001.

    Kategorien: Official Pronouncements

    Schlagwörter: investment write-down
12. 30. November 2021

    Federal Constitutional Court: Inadmissible review of norm r ...

    In a decision published on 26 November 2021, the Federal Constitutional Court (Bundesverfassungsgericht,) declared as inadmissible a referral by the Supreme Tax Court (Bundesfinanzhof) regarding Section 3 of the Solidarity Surcharge Act 1995 as amended on October 15, 2002 (SSA, 1995).

    Kategorien: Constitutional Court

    Schlagwörter: solidarity surcharge, corporate income t ...
13. 25. Oktober 2023

    Taxation of foreign passive income in case of potential doub ...

    Pursuant to the claim for interim relief in the form of a suspension from payment the Supreme Tax Court decided that the taxation of foreign passive income pursuant to Secs. 7 et seq. Foreign Tax Act of a corporation domiciled in Hong Kong is not in serious doubt with respect to the free movement of capital and under constitutional law.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: foreign passive income
14. 10. Juli 2013

    No trade tax add-back for foreign dividends in 2001

    The Supreme Tax Court has held that the provision in the Trade Tax Act requiring that foreign dividends on shareholdings of up to 10% be charged to tax if received in 2001 is contrary to European law and must be disapplied for that year.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: add-back, foreign dividend, trade tax
15. 10. Juli 2013

    Write-down on some foreign investments permitted for 2001

    The Supreme Tax Court has held that the Corporation Tax Act prohibition on impairment write-downs on foreign investments in 2001 must be disapplied if the investment is protected by the EU freedoms of establishment or capital movement, or if it leads to retrospective taxation.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Wertminderung / Impairment (allgemein), ...
16. 30. November 2018

    Finance Act 2018

    On 8 November 2018, the Finance Bill 2018 was adopted by the German parliament and received the consent of the Bundesrat on 23 November 2018 in the form of “The Act for the Avoidance of VAT Losses on the Trading of Goods on the Internet and Amendments to other Tax Regulations”(hereafter “Finance Act 2018”).

    Kategorien: Legislation

    Schlagwörter: Organschaft, VAT, tax group, Cum/cum tra ...
17. 23. Juni 2023

    ECJ: Partial trade tax addback of portfolio dividends in 200 ...

    The trade tax addback of foreign portfolio dividends in the year 2001 is in line with the EU provision on the free movement of capital in Article 63 TFEU (formerly: Article 56 TEC). This was decided by the European Court of Justice in an answer to a preliminary request submitted by the Supreme Tax Court.

    Kategorien: European Court of Justice

    Schlagwörter: portfolio dividend, trade tax addback
18. 17. Juni 2024

    Trade tax addback of portfolio dividends in 2001 tested befo ...

    After the European Court of Justice had answered the preliminary request submitted by the Supreme Tax Court on the subject of trade tax addback of foreign portfolio dividends in the year 2001, the latter continued to suspend the appeal and now referred the matter to the Constitutional Court. It should be ascertained whether the transitionary regulation, which had been introduced with the replacement of the imputation system in 2001 with the half-charge to income tax, contravenes the principles of legitimate expectations laid down in Article 20 (3) of the Basic Law.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: trade tax addback
19. 16. Juni 2020

    EBA: Report and Action Plan on dividend arbitrage trading sc ...

    On 12 May 2020, the European Banking Authority - EBA - published its report on the measures and reactions of the addressed authorities in the EU Member States on dividend arbitrage trading, such as Cum/Ex and Cum/Cum schemes.

    Kategorien: Tax & Legal News

    Schlagwörter: Steuern / Tax
20. 05. Juni 2024

    Update: Federal Ministry of Finance publishes draft bill for ...

    On 17 May 2024, the Federal Ministry of Finance (MoF) sent a draft bill for the Finance Act 2024 (FA 2024) to the professional associations for comments by 24 May 2024. The draft has now also been published on the MoF website. The law is intended to implement changes to various areas of German tax law which need adjustment. The focus is on adjustments required by EU law and case law of the European Court of Justice (ECJ), the German Federal Constitutional Court, and the German Supreme Tax Court. Furthermore, follow-up amendments to previous legislative changes will be made. This blog summarises the key content. - Meanwhile the Federal Cabinet has approved the draft bill (see Update further below at the end of this post).

    Kategorien: Official Pronouncements, Legislation

    Schlagwörter: real estate transfer tax, trade tax, Reo ...
21. Weitere laden