Suchergebnisse für: `income-tax` (371 gefunden)

  2. 25. November 2024

    Restrictions for amendment of tax assessment under Section 5 ...

    The correction of a final tax assessment notice pursuant to Section 50d (8) sentence 2 of the German Income Tax Act is only possible if – contrary to the provision in the double tax treaty - the employment income of an unlimited taxpayer has been wrongly included in the income tax assessment by omitting to produce proper documentation as required in Section 50d (8) Income Tax Act. It follows from this decision of the Supreme Tax Court that the possibilities of amending tax assessment under Section 50d (8) sentence 2 Income Tax Act are strictly limited and only apply in exceptional cases.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: documentation, correction of assessments
  9. 30. Oktober 2022

    No option for full income tax assessment for German citizen ...

    According to the Cologne Tax Court, the preclusion of German employees resident in Switzerland for full assessment of German income tax is contrary to EU law. The court has referred the case to the European Court of Justice (ECJ) for a preliminary ruling with respect to the Agreement for the Free Movement of Persons between the EU and Switzerland.

    Kategorien: Tax Court
    Schlagwörter: employment income, free movement of pers ...
  11. 08. Mai 2024

    Income tax reduction due to inheritance tax charge only with ...

    According to a decision of the Supreme Tax Court, the 5-year preferential period in Section 35b sentence 1 of the German Income Tax Act starts at the time the inheritance tax arises, which is generally upon the death of the testator. This also applies if it was not possible to claim the tax reduction in due time by reasons for which the taxpayer could not be held responsible.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: inheritance tax, preferential taxation
  12. 23. November 2023

    Advocate General: Refusal of option for full income tax asse ...

    The Cologne Tax Court is of the opinion that the preclusion of German employees resident in Switzerland for full assessment of German income tax is contrary to EU law and had referred the case to the ECJ for a preliminary ruling. In his Opinion, the Advocate General considers that the German regulation contravenes the Agreement for the Free Movement of Persons between the EU and Switzerland.

    Kategorien: European Court of Justice
    Schlagwörter: free movement of persons, tax assessment
  14. 23. April 2021

    Unutilised maintenance expenses deductible under Para. 82b   ...

    The Supreme Tax Court decided that where a taxpayer decides to set off major maintenance expenses over a period of several years in accordance with Para. 82b of the Income Tax Implementation Regulations (“EStDV”) but dies before the full amount has been deducted, that part of the maintenance expenses not yet set off can be deducted as a rental income expense in the year of assessment in which the death occurred.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: rental income, Principle of capacity, ma ...
  16. 06. Februar 2020

    No correction of incorrect income tax assessment in the even ...

    The Supreme Tax Court held in its ruling of 10 December 2019 (IX R 23/18) that a final tax assessment can no longer be corrected by the tax office under Section 129 of the German Tax Code (“GTC” - obvious errors while issuing administrative acts) if the incorrect assessment of a capital gain whisch was correctly declared by the taxpayer under 17 of the German Income Tax Act was not based on a mere "mechanical error".

    Kategorien: Supreme Tax Court cases
    Schlagwörter: General Tax Code, assessment procedures, ...
  17. 25. Oktober 2021

    Loss utilisation restriction (Section 2a (1) Sentence 1 No. ...

    According to a decision of the Supreme Tax Court published on 21 October 2021, the loss of a silent partner's contribution, which is reflected as a partial write-down for tax purposes, does not fall within the scope of the loss utilisation restriction under Section 2a (1) Sentence 1 No. 5 in conjunction with Sentence 2 Income Tax Act (ITA).

    Kategorien: Tax Court
    Schlagwörter: investment write-down, silent partnershi ...
  18. 05. September 2021

    Distributions from Luxembourg investment company (SICAV) exe ...

    Corporations with at least a 25% share in a Société d'investissement à capital variable (SICAV), a Luxembourg investment company, do not have to pay income tax in Germany on the dividends received from the SICAV in 2010. This also applies if the Luxembourg tax authorities – for whatever reason - did not exercise their right of taxation at source and the distributions hence remained untaxed.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: SICAV, intercompany dividend privilege
  20. 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 ...
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Björn Viebrock

Björn Viebrock

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Düsseldorf

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