Suchergebnisse für: `investment-income` (64 gefunden)

1. 03. Februar 2016

   Investment income withholding tax update

   The finance ministry has reissued its slightly modified regulations to be followed by those responsible for deducting tax on investment income at source.

   Kategorien: Official Pronouncements

   Schlagwörter: withholding tax, investment income
2. 05. Januar 2011

   Withholding tax on investment income

   The finance ministry has issued a decree on a number of technical points in connection with the obligation of banks to withhold tax from the investment income of private individuals.

   Kategorien: Official Pronouncements

   Schlagwörter: withholding tax, investment income, full ...
3. 02. Oktober 2013

   Hidden distribution from foreign company is investment incom ...

   The Supreme Tax Court has held that a benefit from a foreign company to a German shareholder is a hidden distribution taxable in Germany as investment income.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: investment income, hidden distributions
4. 05. Januar 2011

   Disallowance of 5% of tax-free investment income constitutio ...

   The Constitutional Court has held the blanket disallowance of 5% of dividends and capital gains realised by companies to be constitutionally acceptable.

   Kategorien: PwC Reports

   Schlagwörter: add-back, Tax-free investment income, bl ...
5. 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 ...
6. 04. Oktober 2025

   Redemption of gold warrant certificates taxable as capital i ...

   Regarding the redemption of so-called gold warrants, the Supreme Tax Court decided that taxation as „other claims from capital investments“ within the meaning of Section 20 (1) No. 7 Income Tax Act cannot be ruled out on grounds that the holder of the capital claim has the right to demand fulfillment by means other than cash. If the holder exercises this option, the transaction constitutes a taxable redemption and is treated as income from capital investment.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: commodity warrant, capital investment in ...
7. 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 ...
8. 27. März 2013

   No gifts between company and its shareholders

   The Supreme Tax Court has rejected an assessment to gift tax on a supposed hidden distribution to a shareholder on the grounds that a shareholder’s receipt of a hidden benefit is his investment income.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: investment income, gift tax
9. 02. September 2015

   Commodity warrants are not investments

   The Supreme Tax Court has held that commodity warrants are not financial investments; thus gains on their sale or redemption are not taxable as investment income.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: Xeta, commodity warrant, financial inves ...
10. 30. Dezember 2015

    No deduction for knock-out option losses

    The Supreme Tax Court has held that lapsed options based on market rate movements rather than on a conscious decision by the taxpayer are not deductible from investment income.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Option, investment income, knock-out
11. 22. Juli 2015

    Automatic exchange of bank account information

    The cabinet has adopted a bill to regulate the automatic exchange of bank account and investment income information with the 60 co-signatory states of the “multilateral competent authority agreement on automatic exchange of financial account information”.

    Kategorien: PwC Reports

    Schlagwörter: competent authority, bank account inform ...
12. 01. September 2023

    Income tax on transfer of assets following dissolution of US ...

    The tax court of Muenster decided that the income from a dissolution of two US trusts be taxed as investment income in the hands of the beneficiary, except for income which accrued prior to 9 December 2010 (by protection of legitimate expectations).

    Kategorien: Tax Court

    Schlagwörter: Liquidation, trust
13. 28. September 2011

    Withholding tax treaty with Switzerland signed

    The finance ministry has published the text of a treaty signed with Switzerland to ensure German level withholding tax on investment income, whilst protecting those who choose to move their undeclared funds to a third country. Germany continues  to broadly accept Swiss banking secrecy.

    Kategorien: PwC Reports

    Schlagwörter: withholding tax, Switzerland, treaty
14. 23. September 2024

    No further application requirements after option for half-in ...

    Certain type of capital investment income may be taxed under the partial income method (so called half-income method) upon application of the taxpayer and is valid for another 4 years following the year in which the application was made. According to the Supreme Tax Court, the specific preconditions laid down in Section 32d (2) Income Tax Act, e.g. for minimum ownership, only have to be met in the first year of application; a failure to meet the requirements in the following four assessment periods is not harmful.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: investment income, half-income system
15. 19. Oktober 2016

    Tax neutral repayment of capital contributions by companies ...

    The transfer of shares to German-residents shareholder as part of a US spin-off generally constitutes investment income under Section 20 (1) No. 1 of the Income Tax Act (ITA); Section 20 (1) No. 1 Sentence 3 ITA is to be interpreted in line with EU law, so that companies resident outside the EU may also repay capital contributions on a tax neutral basis, even though they do not maintain a contributions account for tax purposes under Section 27 of the Corporation Tax Act (CTA).

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Steuern / Tax
16. 10. November 2021

    Foreign tax credit possible even if several options to reduc ...

    The regional tax court of Rhineland-Palatinate had to decide whether, in the case of a right to choose between two methods of reducing foreign withholding tax, the taxpayer must ensure that foreign taxes are credited in as small an amount as possible. The regional tax court is of the opinion that it is at the discretion of the taxpayer if and how to use the option to which he is entitled and that this does not have an adverse impact on the general possibility of a foreign tax credit against his German income tax liability.

    Kategorien: Tax Court

    Schlagwörter: foreign tax credit, foreign withholding ...
17. 27. März 2013

    No resurrection of statue-barred loss on tax amnesty

    The Supreme Tax Court has held that a tax evader who came forward under an amnesty could not offset a previously unreported capital loss against his income declared in retrospect, as tax had not been evaded on the loss, now statute-barred under normal rules.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: tax amnesty, statute-bar, limitation
18. 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 ...
19. 04. Oktober 2025

    Supreme Tax Court rejects loss offsetting scheme with securi ...

    Section 20 (4a) sentence 3 of the Income Tax Act (ITA) provides that certain capital-related measures are initially treated as tax neutral. Taxation only occurs at the time of resale of the securities which were delivered in the course of the capital transaction. In a recent judgment, the Supreme Tax Court decided that this does not apply to cases in which neither the issuer nor the holder has the right under the contractual terms to unilaterally tender securities or demand the delivery of securities instead of repayment of the securities in cash.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: loss offset, securities dealings, capita ...
20. 21. März 2025

    Extended limited tax liability if income is subject to U.K. ...

    A taxpayer who emigrated to the U.K. and who exercised his right under U.K. tax law to pay tax on income not earned in the U.K. on a "remittance basis" is caught by the preferential taxation regime of Sec. 2 (2) No. 2 Foreign Tax Act and subject to extended limited tax liability in Germany.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: extended tax liability, preferential tax ...
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