Suchergebnisse für: `income-tax` (231 gefunden)

1. 29. Oktober 2021

   Ministry of Finance publishes draft Corporate Income Tax Reg ...

   In a letter dated October 27, 2021, the German Federal Ministry of Finance sent a draft of the Corporate Income Tax Regulations 2022 (CITR) to the associations for comments.

   Kategorien: Official Pronouncements

   Schlagwörter: corporate income tax, Corporate Income T ...
2. 25. Juni 2021

   Bundesrat approves the Act to Modernise Corporate Income Tax

   UPDATE: In its session on 25 June 2021, the Bundesrat gave its approval to the Act to Modernise Corporate Income Tax Law. The Bundesrat thus followed the recommendation of the Finance Committee. The law is should enter into force on 1 January 2022.

   Kategorien: Official Pronouncements

   Schlagwörter: Corporation tax, tax group, Exchange rat ...
3. 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 ...
4. 21. Juni 2022

   Tax exemption under a double tax treaty - amendment after as ...

   In a recent ruling, the Münster Tax Court had to decide on the income tax and treaty law treatment of a severance payment received by the plaintiff as a soldier in the British armed forces

   Kategorien: Tax Court

   Schlagwörter: double tax treaty, tax exemption, correc ...
5. 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, ...
6. 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 ...
7. 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
8. 04. April 2013

   Income tax of foreign artists

   The finance ministry has revised the lump sum rules for the taxation of foreign artists, basing them on a tax rate of 20%.

   Kategorien: Official Pronouncements

   Schlagwörter: foreign artist, lump sum, flat rate
9. 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 ...
10. 05. Juli 2012

    Full income tax deduction for shareholder loan write-off

    The Supreme Tax Court has held that the write-off of a shareholder loan held as a business asset is fully deductible by the income taxpaying holder even if the loan is to be seen as a substitute for share capital

    Kategorien: Supreme Tax Court cases

    Schlagwörter: shareholder loan, write-off
11. 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 ...
12. 22. März 2022

    Capital gain on sale of "garden house" used by taxpayer for ...

    Where real estate is sold within ten years of acquisition, the gain realized is subject to taxation. Real estate that was used exclusively for the taxpayer's own residential purposes in the period between acquisition and sale is exempt. According to the Supreme Tax Court in its ruling of 26.10.2021 ( IX R 5/21) such privileged use also occurs where the taxpayer permanently occupies a "garden house" (fully connected to the relevant utilities) in violation of building law.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Real Estate, Income tax, residential bui ...
13. 10. November 2017

    Tax Consolidation Groups (“Organschaft”) for income tax purp ...

    According to a decision of the Supreme Tax Court published on 9 November 2017 a profit pooling agreement will not be recognised for tax purposes where the compensation agreement with the external shareholder contains both the right to a variable compensation payment calculated on the basis of the profits of the subsidiary/controlled company/"Organgesellschaft" (“subsidiary”) and a fixed amount.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Organschaft, Corporation tax, compensati ...
14. 28. April 2021

    Proof of payment of foreign wage taxes by employer's certifi ...

    An employer's certificate is sufficient for the proof of taxation of wages in India in order to claim tax exemption under the relevant terms of the Double Tax Treaty between Germany and India. The submission of an official income tax assessment notice is not mandatory for claiming the exemption under the subject-to-tax clause of the German Income Tax Act.

    Kategorien: Tax Court

    Schlagwörter: employment income, income tax exemption, ...
15. 14. April 2011

    ECJ to rule on foreign tax credit limitation

    The Supreme Tax Court has filed a preliminary question with the ECJ on the calculation of the German income tax attributable to foreign source income as the maximum amount of the foreign tax credit.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: investment income, foreign tax credit, p ...
16. 12. Februar 2014

    No treaty override for German-resident aircrew of Irish airl ...

    The Supreme Tax Court has held that the treaty override clause in the Income Tax Act is to be ignored altogether where only part of the income is taxed in the foreign state.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: treaty override, aircrew, Irish airline, ...
17. 19. November 2021

    Supreme Tax Court: Income from convertible bonds subject to ...

    Interest received by a US limited liability company from convertible bonds issued by a German debtor is subject to German withholding tax pursuant to Sec. 49 (1) No. 5 letter a Income Tax Act. This also applies if partial debentures were issued for these bonds. With its decision, the Supreme Tax Court put an end to the existing discussions and differing opinions in the professional literature regarding the correlation of two provisions in the Income Tax Act on that subject.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: limited tax liability, convertible bonds ...
18. 22. Februar 2022

    German tax implications on benefits granted by foreign found ...

    Are payments and contributions in kind from a foreign family foundation subject to German income tax? And what is the situation as regards the gift tax? Two tax court decisions shed some light. According to the Supreme Tax Court there is no gift tax liability for the beneficiary. The Regional Tax Court of Hamburg is of the opinion that a one-time payment from the foundation is subject to German income tax.

    Kategorien: Tax Court

    Schlagwörter: gift tax, family foundation, beneficiary ...
19. 26. April 2012

    Interest on tax overpayments taxable income of corporations

    The Supreme Tax Court has held that the interest paid to a corporation on an overpayment of corporation tax is taxable income in contrast to the position of income tax payers up to 2010.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: tax interest, tax debt
20. 12. Februar 2018

    Write-up of shares in GmbH not part of tax-neutral profit tr ...

    The Supreme Tax Court has decided that a gain arising from a share disposal can be rolled-over on a tax-neutral basis under Section 6b Income Tax Act where the privileged asset has been sold to a related entity. However, the Court also ruled that the part of the gain attributable to the write-up of the privileged asset – where the earlier write-down of the shares had reduced the taxable profits -could not be rolled over as a tax-neutral transfer under section 6b of the Income Tax Act.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: limited partnership, roll-over relief, I ...
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