Suchergebnisse für: `income-tax-act` (136 gefunden)

1. 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 ...
2. 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 ...
3. 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 ...
4. 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 ...
5. 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 cases

   Schlagwörter: discount, provision, long term
6. 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, ...
7. 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 ...
8. 11. April 2019

   Final confirmation - Online advertising not subject to withh ...

   The Federal Ministry of Finance has officially clarified in a circular published in April that fees or remunerations paid for the placement of online advertising are not subject to German withholding tax under Section 50a paragraph 1 No. 3 Income Tax Act.

   Kategorien: Official Pronouncements

   Schlagwörter: witholding tax, online advertising
9. 16. Februar 2016

   Treaty override constitutional

   The Constitutional Court has held the treaty override provisions of the Income Tax Act making treaty exemption dependent upon proof of taxation or explicit exemption in the other state do not breach the formal provisions of the constitution if they took effect after enactment of the treaty.

   Kategorien: PwC Reports

   Schlagwörter: treaty override, double tax treaty, cons ...
10. 11. Februar 2021

    Issue of shares as part of corporate action (spin-off)

    The Lower Tax Court of Lower Saxony ruled that the allocation of shares in the course of a restructuring of Hewlett-Packard Company meets the requirements of a spin-off within the meaning of Sec. 20 (4a) Sentence 7 of the German Income Tax Act. Thus, there is no taxable distribution in kind at the time of the share allotment.

    Kategorien: Tax Court

    Schlagwörter: Spin-off, distribution-in-kind, corporat ...
11. 07. November 2012

    Staff sales benefit to be based on local net retail price

    The Supreme Tax Court has allowed employees to base the benefit in kind from their staff rebate on purchases of company goods on either of the two alternative methods laid down in the Income Tax Act, taking the lowest locally available retail price net of all rebates in both cases.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: benefit in kind, staff sales, rebate
12. 28. November 2017

    Limited taxpayers: withholding tax on cross-border licensing ...

    At the beginning of November 2017 the Federal Finance Ministry published the long-awaited circular on its intended application of the rules (Section 50a Income Tax Act)applying to limited taxpayers and withholding tax on cross-border licensing of software and databanks.

    Kategorien: Official Pronouncements

    Schlagwörter: International Tax, administrative princi ...
13. 02. Mai 2018

    Federal Ministry of Finance amends earlier circular on treat ...

    On 20 December 2017 the European Court of Justice (ECJ) took the view that Section 50d (3) Income Tax Act prohibiting certain intermediary foreign companies from (full or partial) refund of German withholding tax was incompatible with both the Parent-Subsidiary Directive and the freedom of establishment. The German Tax Authorities have recently issued a circular on its application of the rules.

    Kategorien: Official Pronouncements

    Schlagwörter: refund claim, Parent-Subsidiary Directiv ...
14. 24. Mai 2019

    State of Lower Saxony Tax Authorities issue directive announ ...

    According to Section 6(1) no. 3 Income Tax Act, non-interest-bearing liabilities with terms of at least 12 months, which do not constitute a deposit or advance payment, are to be discounted, i.e. a fictitious interest component (interest rate 5.5%) is initially deducted from profits and added back to profits in subsequent years as notional interest over the term of the loan.

    Kategorien: Official Pronouncements

    Schlagwörter: banks, Discounting, fictitious interest, ...
15. 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, ...
16. 07. Juni 2022

    Federal Ministry of Finance: Effects of the so-called 9-Eur ...

    On 31 May 2022, the German Federal Ministry of Finance (MoF) published a circular on the salary withholding tax treatment of supplementary payments by employers to employees' expenses for local public transport during the period in which the so-called 9-Euro-Ticket is available. The circular provides practical guidance on the application of the tax exemption of Section 3 Number 15 of the German Income Tax Act (ITA) vis-à-vis the 9-Euro ticket

    Kategorien: Official Pronouncements, Tax & Legal New ...

    Schlagwörter: Personal expense deduction, Income Tax A ...
17. 14. März 2017

    Plans to restrict the deduction of royalty expenses to comba ...

    On 25 January 2017 the federal government approved a draft of the Act to Combat Harmful Tax Practices in connection with the Licensing of Rights. The intention is to prevent multinational businesses from transferring their royalty income to countries, which offer such income preferential treatment. Such preferential tax regimes (so-called Licence Boxes, Patent Boxes or IP-Boxes) are considered not to meet the demands of the OECD and G20 BEPS Project. A new provision is to be introduced to the Income Tax Act (ITA) for this purpose; the new provision should be applied to expenses arising after 31 December 2017.

    Kategorien: PwC Reports

    Schlagwörter: royalties, licence box, IP-Boxes, Patent ...
18. 11. Januar 2019

    Double tax treaties: recognition of losses from a Belgian pe ...

    Section 50d (9) Income Tax Act (ITA) excludes a tax exemption in Germany under a double tax treaty where, inter alia, the income is not taxed in the other treaty state.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: anti-avoidance, International Tax, Incom ...
19. 19. Oktober 2017

    Standard actuarial interest rate for pension provisions of 6 ...

    The Cologne Tax Court considers the standard actuarial interest rate of 6 % applied for the calculation of pension provisions under Section 6a of the Income Tax Act in 2015 to be unconstitutional. It has suspended the appeal and referred the matter to the Constitutional Court for that Court to consider the constitutionality of the standard rate.

    Kategorien: Constitutional Court

    Schlagwörter: pension provision, Interest rates, Actua ...
20. 14. Mai 2021

    No taxation of bogus income from a Ponzi scheme in the case ...

    In a recent ruling, the Supreme Tax Court held that the deemed settlement of final withholding tax under Section 43 (5) Sentence 1, Half-Sentence 1 Income Tax Act (ITA) also applies if the tax has been withheld by the debtor (payer) of the investment income, but not declared and paid over to the tax office. As a result, investment income from a fraudulent pyramid scheme is in principle no longer to be included in the income tax base.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: withholding tax, investment income, Inco ...
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