Suchergebnisse für: `income-tax` (401 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
  13. 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
  15. 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 ...
  17. 07. Dezember 2025

    Compensation for waiver of usufruct on leased property subje ...

    The remuneration for waiving a right of usufruct to a private property is taxable as compensation in accordance with Section 24 No. 1 letter a of the Income Tax Act (ITA) if the owner of the usufruct right at the time of the waiver has actually leased the property and earned taxable income from rental and leasing. According to a recent decision of the Supreme Tax Court, this applies irrespective of whether the taxpayer receiving compensation for lost or foregone income was under legal, economic, or actual pressure at the time the agreement for waiver was concluded.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: compensation payment, waiver
  19. 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, ...
  20. 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 ...
  21. Weitere laden

Kontakt

Sounia Kombert

Sounia Kombert

Partnerin
Düsseldorf

Folgen Sie mir auf LinkedInE-Mail IconE-Mail
Tax & LegalRSS-Feed

© 2017 - 2025 PwC. All rights reserved. PwC refers to the PwC network and/or one or more of its member firms, each of which is a separate legal entity. Please see www.pwc.com/structure for further details. Portions of this program may use third-party open source components governed by the respective open source license terms.