Suchergebnisse für: `limited-partnership` (53 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
  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
  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
  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 ...
  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 ...
  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. 07. Dezember 2025

    Compensation for waiver of usufruct on leased property subje ...

    The remuneration for waiving a right of usufruct to a private property is taxable as compensation in accordance with Section 24 No. 1 letter a of the Income Tax Act (ITA) if the owner of the usufruct right at the time of the waiver has actually leased the property and earned taxable income from rental and leasing. According to a recent decision of the Supreme Tax Court, this applies irrespective of whether the taxpayer receiving compensation for lost or foregone income was under legal, economic, or actual pressure at the time the agreement for waiver was concluded.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: compensation payment, waiver
  20. 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
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Sounia Kombert

Sounia Kombert

Partnerin
Düsseldorf

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