Suchergebnisse für: `insolvency` (475 gefunden)

  3. 16. Februar 2023

    Tax consolidation group in case of insolvency

    The profit pooling agreement under the concept of a tax consolidation group (Organschaft) must be concluded for at least five years and be followed throughout its entire term. According to the decision of the Supreme Tax Court recognition of the Organschaft is to be denied with retroactive effect if preliminary annual financial statements of the controlled company can no longer be adjusted due to insolvency and if a different result would have been reported in the final annual financial statements if the accounting principles under commercial law had been applied correctly.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: profit pooling agreement, insolvency, ta ...
  7. 09. September 2024

    ECJ: No direct claim for refund of VAT in case of incorrect ...

    The Supreme Tax Court had asked the European Court of Justice for a preliminary ruling on the question of a direct refund claim in the case of incorrectly invoiced and paid German VAT in the event of the supplier's insolvency. In its judgment, the ECJ is of the opinion that the recipient of the service cannot claim a refund of the VAT paid to the supplier directly from the tax authorities of his Member State.

    Kategorien: European Court of Justice
    Schlagwörter: incomplete invoice, insolvency, refund c ...
  9. 13. September 2022

    Liability of the Controlled Company arising after the termin ...

    In a recent case, the Supreme Tax Court decided that the liability of a controlled company (subsidiary) in a tax consolidation group (“Organschaft”) for the tax liability of its controlling company (parent in the Organschaft) is not necessarily limited to such taxes which arose during the existence of the Organschaft. The controlled company may be liable to the extent that the parent is required to pay tax on the controlled company’s turnover and may deduct input tax amounts from invoices for services obtained by the controlled company.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: VAT group, secondary liability, tax cons ...
  10. 11. Januar 2021

    Review of profit and loss pooling agreements concluded prior ...

    An amendment to a statutory law which was passed by the Bundestag and Bundesrat in December 2020, entered into force on 1 January 2021, requires a review of those profit and loss pooling agreements concluded and last amended before 27 February 2013. This pertains to profit and loss pooling agreements (PLPA) for tax groups (“Organschaft”) with a GmbH as controlled subsidiary and which do not (yet) contain an explicit and unconditional reference to Section 302 of the German Stock Corporation Act (GSCA) which includes future changes of the provision (so-called “dynamic reference”).

    Kategorien: PwC Reports
    Schlagwörter: Organschaft, profit and loss transfer ag ...
  12. 07. Dezember 2023

    ECJ: General Data Protection Regulation opposes data process ...

    In two decisions the European Court of Justice (ECJ) held that the General Data Protection Regulation (GDPR) opposes two data processing practices by credit information agencies. While ‘scoring’ is permitted only under certain conditions, the prolonged retention of information relating to the granting of a discharge from remaining debts is contrary to the GDPR.

    Kategorien: European Court of Justice
    Schlagwörter: Data processing
  13. 09. August 2021

    Loss on exchange of profit participation rights can be offse ...

    The Regional Tax Court of Muenster held that a loss from the exchange of profit participation rights for shares in a registered cooperative ("eG") and bonds may be set off against income from capital investments. Thus, the tax office's attempt to regard the loss as belonging to the non-taxable private asset portfolio of the plaintiff failed.

    Kategorien: Tax Court
    Schlagwörter: loss offset, exchange gain or loss, prof ...
  15. 07. September 2023

    ECJ: Direct refund claim of incorrectly paid VAT also toward ...

    Following a preliminary request from the Münster Tax Court the ECJ ruled that the recipient of supplies of goods has a direct claim towards the tax authorities for reimbursement of improperly invoiced VAT he paid to the suppliers and which has been duly transferred by the latter to the treasury, even if the recipient can no longer turn directly to his suppliers for reimbursement due to the statute of limitation as provided for by national law.

    Kategorien: European Court of Justice
    Schlagwörter: VAT refund, refund claim
  16. 10. Oktober 2022

    ECJ: Financing services provided through sub-participation e ...

    According to the ECJ, financing provided to the originator under a sub-participation agreement is a VAT exempt transaction and complies with the exempt transactions listed Article 135(1)(b) of Council Directive 2006/112/EC (VAT Directive) concerning “the granting and the negotiation of credit and the management of credit by the person granting it”.

    Kategorien: European Court of Justice
    Schlagwörter: Credit, loan
  17. 15. März 2025

    Restriction to offset losses from tax deferral models not un ...

    Section 15b Income Tax Act dealing with the restriction of loss utilization for tax deferral models does not presuppose that an investment is not economically sensible or has not proved particularly successful. The restriction for an offset and deduction of losses from tax deferral models is also constitutional in the case of a so-called definitive loss. This was currently decided by the Supreme Tax Court who hereby confirmed its previous case law on this matter.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: loss offset, tax deferral scheme, tax lo ...
  18. 08. Juli 2015

    Subordinated debt not a liability whilst debtor’s liabilitie ...

    The Supreme Tax Court has followed its previous case law in holding that a company financed by subordinated shareholder loans may not take up a liability until the conditions for repayment are met. However, the subordination is a shareholder’s capital contribution to be taken to capital reserve rather than income to the extent the debt had value as an asset at the time.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: Subordinated debt, capital contribution
  19. 08. Juli 2022

    Limited tax liability and tax withholding in case of indefin ...

    The transfer of know-how by a foreign creditor for an unlimited period may lead to limited income tax liability in Germany by way of tax withholding. The fact that the know-how must be used domestically in order to trigger German withholding tax does, according to the Supreme Tax Court, not require that the know-how also had the specified scope, substance and quality to fulfill the purposes pursued in the domestic market.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: withholding tax, limited tax liability
  20. 24. Oktober 2021

    Supreme Tax Court rules on arm’s length interest on intercom ...

    In a most recent judgment, the Supreme Tax Court decided on the transfer pricing method to determine an arm's length interest on intercompany loans. In its decision the highest tax court also provides some guidelines on the parameters to be observed from a purely tax point of view. Also, the court takes time to compare the adequacy of the various standard methods under review.

    Kategorien: Supreme Tax Court cases, Transfer pricin ...
    Schlagwörter: arm's length, intercompany loan, compara ...
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Björn Viebrock

Björn Viebrock

Partner
Düsseldorf

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