Suchergebnisse für: `income-tax-act` (241 gefunden)

1. 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
2. 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 ...
3. 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 ...
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. 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 ...
6. 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: provision, long term, discounts
7. 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, ...
8. 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 ...
9. 26. Februar 2024

   No tax exemption for accommodation and catering costs borne ...

   The Supreme Tax Court ruled that free or subsidized accommodation and meals provided by the employer in connection with preventive health services are generally not tax-exempt under Section 3 No. 34 German Income Tax Act.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: benefit in kind, income tax exemption
10. 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: withholding tax, online advertising
11. 03. Februar 2025

    Administrative and consolidated group costs of a holding com ...

    The Supreme Tax Court decided that a commercial partnership holding a share in a corporation as its sole activity in order to generate dividend income which is partially tax-exempt in accordance with Section 3 No. 40 Income Tax Act can deduct its ongoing administrative and consolidated group costs only in part because they are economically related to the partially tax-exempt income as defined in Section 3c (2) Sentence 1 Income Tax Act.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: tax exemption, expense deduction, direct ...
12. 16. Februar 2024

    Partial waiver of a subsidised loan under the Upgrading Trai ...

    In a recent judgement, the Supreme Tax Court (BFH) ruled that partial loan forgiveness for professional development training constitutes taxable income from employment under Section 19 (1) Sentence 1 No. 1 of the Income Tax Act.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: loan, Income Tax Act, income from employ ...
13. 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 ...
14. 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 ...
15. 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 ...
16. 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 ...
17. 25. Juni 2024

    Update: Flat-rate energy price allowance subject to income t ...

    According to a recent decision of the Münster Tax Court the energy price allowance paid to employees in 2022 is taxable as income from employment. Section 119 para. 1 sentence 1 Income Tax Act, as contested by the plaintiffs, is not unconstitutional.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: energy tax, income from employment
18. 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
19. 10. April 2024

    Contribution for general partner not part of trading profit ...

    In a most recent decision, the Supreme Tax Court held that profits from special compensation for the general partner of a limited partnership pursuant to Section 5a (4a) sentence 3 Income Tax Act attributable to the period following the cessation of the commercial and promotional activity of a partnership are not part of the trading profit subject to trade tax.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Limited Liability Company, compensation ...
20. 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: Parent/Subsidiary Directive, refund clai ...
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