Suchergebnisse für: `limited-partnership` (21 gefunden)

1. 10. August 2011

   Foreign limited partnership does not shield non-trading inco ...

   The Supreme Tax Court has held that rental income earned through a Hungarian partnership is not automatically exempt as the income from a foreign permanent establishment, merely because the partnership was taxed locally as a corporation, or because the income would have been treated as trading income had it been earned through a German partnership.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: rental income, limited partnership
2. 16. März 2017

   Interest paid by foreign partner deductible also in case of ...

   In a decision published in March 2017 the Supreme Tax Court held that - in the case of a two-tier partnership structure – the interest expense of the Dutch partner holding only an indirect share in a German limited partnership is nevertheless tax deductible when computing his limited German tax liability resulting from his investment in the German partnership.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: limited partnership, Two-Tier Partnershi ...
3. 09. März 2011

   Interest of British property LLP taxed in Germany as interes ...

   The Supreme Tax Court has held that the interest income of a German-owned limited partnership in England is taxable in Germany as interest, and not exempt as trading income. The capital gain on the sale of the property is not exempt as taxable in the UK, merely because of the capital allowance claw-back.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: capital gain, interest, property, limite ...
4. 15. Februar 2019

   Does a letterbox company have legal capacity?

   In a case involving a charge to real estate transfer tax (RETT), the Supreme Tax Court granted the taxpayer interim relief in the form of a suspension from execution (i.e. a delayed tax payment), as the question arose as to whether one of the parties to the transaction, a letterbox company, had legal capacity.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: limited partnership, Letter-Box Companie ...
5. 17. März 2017

   No extended trade tax deduction on the disposal of an intere ...

   Profits arising from the sale of an interest in a partnership are not to be included in the extended trade tax deduction for real estate enterprises.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: limited partnership, Extended deduction ...
6. 05. März 2014

   Partnerships to join VAT groups?

   The Supreme Tax Court has asked the ECJ for a ruling on the determination of the amount of deductible input VAT of holding companies with taxable outputs and on the conditions for joining VAT groups.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: Holding, VAT group, partnership
7. 01. Dezember 2020

   Retroactive financial integration in case of change in share ...

   A continuous and retroactive financial integration is also possible where a change in shareholder takes place during the year. The Lower Tax Court of Duesseldorf held that a fiscal unity or tax consolidation group for corporation income tax may be established already for the whole year in which the exchange of shares took place. In its judgement the court disagrees with the tax authorities’ official opinion on this issue. The Supreme Tax Court is now in charge and must finally decide the dispute.

   Kategorien: Tax Court

   Schlagwörter: retroactive change, change in shareholde ...
8. 26. Oktober 2011

   Private equity fund earns trading income

   The Supreme Tax Court has held that a closed private equity/venture capital fund is a trading venture taxable in its country of establishment. If it is exempt there by reason of local regulation, its income does not revert to German taxation by virtue of treaty or statutory provisions on conflicts of qualification.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: Private Equity, treaty override, start-u ...
9. 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 ...
10. 12. Oktober 2017

    Referral to Federal Constitutional Court: trade tax on the ...

    The First Senate of the Federal Constitutional Court heard arguments on the constitutionality of a provision in the Trade Tax Act, according to which trade tax was levied on the sale of business interests. The case has opened up a question of principle with regard to trade tax.

    Kategorien: Constitutional Court

    Schlagwörter: trade tax, Income tax
11. 03. März 2015

    No objection to 10 year tax deferral on transfer of assets a ...

    An ECJ advocate general has suggested the court rule that a German practice of allowing deferral of taxation on the hidden reserves (appreciation in value) in intangible assets transferred abroad is proportional and reasonable in the light of the overall need to ensure a fair distribution of taxing rights between member states.

    Kategorien: From Europe

    Schlagwörter: hidden reserves, intangible assets, inte ...
12. 22. März 2017

    No economic ownership of lessee in case of a sale-and-lease ...

    A mere put option by the lessor at a favorable price does not necessarily lead to the attribution of economic ownership of the assets to the lessee. In its judgment the Supreme Tax Court once more confirms that economic ownership must be determined on a case-by-case basis.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: put option, sale and lease-back, economi ...
13. 26. März 2014

    Group tax considerations not good cause for breaking a tax g ...

    The Supreme Tax Court has held that a sale of shareholdings within a group was not sufficiently good cause for breaking an unwanted German tax group before its expiry date.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: profit pooling agreement, tax group
14. 06. Juni 2017

    No deduction of final branch losses following EU law.

    Payments made to a purchaser to compensate for a poor economic position following the transfer of an interest in a partnership may not be deducted from the domestic tax base to the extent they are attributable to a foreign branch (i.e. a permanent establishment for tax treaty purposes) of the partnership. In its decision the Supreme Tax Court cited a decision of the European Court of Justice (ECJ) from 2015.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: International Tax, EU Law, Final PE loss ...
15. 15. Dezember 2016

    Insolvency: no right of protection for legitimate expectatio ...

    VAT claims may also be asserted in insolvency proceedings against a GmbH, if the GmbH, which had previously been treated as a controlled company in a fiscal unity (Organschaft), which was subsequently not deemed to exist, actually received the VAT owed by it from the assumed controlling company (Organträger).

    Kategorien: Supreme Tax Court cases

    Schlagwörter: VAT Organschaft, Protection of legitimat ...
16. 01. August 2019

    Restrictions to the “tainting effect” of trading partnership ...

    For income tax purposes, income of a partnership from leasing and letting or from capital assets is to be reclassified as trading income where the partnership also receives a negligible amount of income from a participation in a trading partnership; however, such “tainted” income is not subject to trade tax.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: partnership income, trade tax, tainted i ...
17. 31. Oktober 2016

    Deadline for the filing of an application for recording at t ...

    The Supreme Tax Court held, in a decision published on 27 October 2016, that:

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Tax Reorganisations Act, Tax Book Values ...
18. 12. April 2018

    Constitutional complaint regarding the trade tax treatment o ...

    In a decision on 10 April 2018, the German Constitutional Court concluded that the complaint that the trade tax treatment of gains from the disposal of partnership interests was unconstitutional because it contravened the principle of equality was not justified.

    Kategorien: Constitutional Court

    Schlagwörter: trade tax, Principle of equality, Princi ...
19. 31. Januar 2018

    RETT-Blocker: Indirect unification of shares through an inte ...

    The Supreme Tax Court has decided that where an intermediary partnership holds direct or indirect interests in a real-estate-owning company, the relevant holding for establishing its interest in the related real-estate holding company, is its interest in the capital of the partnership and not the interest in the jointly owned property according to the law of property.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: RETT, Taxation of real estate, unificati ...
20. 06. August 2021

    Penalties due to incomplete cross border documentation in br ...

    In its referral to the European Court of Justice (ECJ) for a preliminary ruling, the Regional Tax Court of Bremen raises doubts as to whether the penalty surcharge under Section 162 (4) Fiscal Code due on failure to present proper documentation in cross border business relations is in line with the freedom of establishment in Art. 49 TFEU and the freedom to provide services (Art. 56 TFEU).

    Kategorien: Tax Court

    Schlagwörter: penalty surcharge, cross border transact ...
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