Suchergebnisse für: `limited-partnership` (51 gefunden)

1. 01. September 2025

   Loss utilization after termination of a two-tier limited par ...

   In a recently published judgment, the Supreme Tax Court decided in a case involving the transfer of a limited partnership to the sole remaining limited partner in the legal form of a limited liability company (GmbH) by way of universal succession through accrual, among other things, that the limited partner's allowable loss determined at the time of termination within the meaning of Section 15a (4) of the Income Tax Act can be offset by the limited limited company against its future profits.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: limited partnership, loss carryforward t ...
2. 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
3. 12. Februar 2025

   Trade tax treatment of the sale of a partnership share with ...

   In a recently published decision, the Supreme Tax Court held that the profit from the sale of a limited partnership share which is proportionally encumbered with an atypical sub-participation is fully subject to trade tax.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: Sale of shares, limited partnership
4. 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 ...
5. 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 ...
6. 15. Februar 2023

   Supreme Tax Court: Full trade tax add-back of remuneration f ...

   The remuneration paid to managing directors for the management of a partnership limited by shares (KGaA) must be added back for trade tax purposes even where the KGaA concluded an employment contract directly with the managing directors who each are limited partners of a limited partnership (GmbH & Co. KG), which itself is the general partner of KGaA (the plaintiff). According to the Supreme Tax Court, such "third-party employment" does not reduce the amount of add-back when determining the KGaA's trading income if the KG is entitled to a corresponding claim for compensation by its articles of association.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: management agreement, trade tax addback
7. 14. Juni 2024

   ECJ: No fixed establishment of German company on the basis o ...

   The European Court of Justice held that a German resident company (limited partnership) has no establishment for VAT purposes in Romania under a service contract with a Romanian group company. The court also addressed the question of the place of performance under the circumstances in the case referred.

   Kategorien: European Court of Justice

   Schlagwörter: permanent establishment (PE), Place of s ...
8. 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 ...
9. 11. Juni 2024

   No application of loss forfeiture rules for losses allocated ...

   The loss forfeiture rules of Section 8c of the Corporation Tax Act in the version valid for 2014 are not applicable to deductible losses which are allocated to a corporation as partner of a limited partnership pursuant to Section 15a Income Tax Act. With this decision, the Supreme Tax Court contradicts the view of the tax administration.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: partnership income, Loss relief
10. 19. August 2025

    Partial write- down of partner loan receivable upon terminat ...

    The fact that a commercial limited partnership (KG) receives income ranking as business income because of the so called „tainting effect“ does not preclude the partial write-off of a worthless loan owed to its partner if the principles of corresponding accounting between partnership and the partners no longer apply because of the discontinuation (cessation) of the business of the KG. Unlike the tax court of first instance, the Supreme Tax Court allowed the loss from the partial write-down to be recognized already at the time of the cessation of the business activities.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: write-down, tainted income
11. 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 ...
12. 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 ...
13. 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 ...
14. 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
15. 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 of shareholde ...
16. 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 ...
17. 11. September 2024

    Inheritance tax: Transfer of privileged assets

    In a most recently published decision, the Supreme Tax Court held that the transfer of the tax privilege for business assets, rented residential property and family homes among co-heirs requires that the assets are conveyed in the course of the division of the estate. The transfer would not be privileged if the decision to divide the estate and thereby transfer preferential (business) assets in exchange for non-preferential assets is based on a new decision of the community of heirs, when initially they deliberately left the estate undivided.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: inheritance tax privilege
18. 16. Dezember 2024

    Changes of shareholders in a property-owning partnership

    When determining whether a corporation with a direct interest in the partnership owning real estate is considered a new shareholder within the meaning of Section 1 (2a) sentence 4 of the Real Estate Transfer Tax Act because at least 90% of the shares are transferred to new shareholders, only the shareholding in the corporation must be taken into account. In a most current judgment, the Supreme Tax Court held that a previous participation of the new shareholder of the corporation in the partnership owning the real estate is irrelevant in this respect.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: limited partnership, real property
19. 18. Juli 2025

    Trade tax attribution of profit from the sale of shares in t ...

    The profit from the sale of a share in the upper-tier partnership as prescribed in Section 7 sentence 2 no. 2 Trade Tax Act is not to be allocated to the hidden reserves of the upper-tier partnership and the hidden reserves of the lower-tier partnership. It is rather a single and uniform sales transaction at the level of the upper-tier partnership, the Supreme Tax Court said in a most recently published decision.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: hidden reserves, Two-Tier Partnerships
20. 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 Act
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