Suchergebnisse für: `limited-tax-liability` (27 gefunden)

  4. 19. November 2021

    Supreme Tax Court: Income from convertible bonds subject to ...

    Interest received by a US limited liability company from convertible bonds issued by a German debtor is subject to German withholding tax pursuant to Sec. 49 (1) No. 5 letter a Income Tax Act. This also applies if partial debentures were issued for these bonds. With its decision, the Supreme Tax Court put an end to the existing discussions and differing opinions in the professional literature regarding the correlation of two provisions in the Income Tax Act on that subject.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: limited tax liability, convertible bonds ...
  5. 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
  6. 08. Februar 2022

    Rules for limited inheritance tax liability only in part com ...

    According to the decision of the European Court of Justice (ECJ), the different inheritance tax allowances in the case of unlimited and limited tax liability is in line with EU law, specifically it is not in breach of the free movement of capital. However, the refusal of the German tax office to deduct liabilities linked to the inheritance in the case of limited tax liability is not compatible with EU law. 

    Kategorien: European Court of Justice
    Schlagwörter: limited inheritance tax liability, inher ...
  7. 31. Dezember 2020

    No option for full tax assessment by U.S. citizen living in ...

    According to a judgment of the Supreme Tax Court, a U.S. citizen with limited tax liability in Germany is not entitled to the right of full tax assessment for income from employment even if he lives in an EU or EEA state (here: the Netherlands). The non-discrimination clause in Article 24 of the German/US double tax treaty does not give rise to a claim to equal treatment with a German national with limited tax liability.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: employment income, tax assessment, limit ...
  10. 26. August 2024

    Exit tax upon transfer of Germanys right for taxation under ...

    In a case where Germany lost the right to tax the investment in a Spanish corporation the Supreme Tax Court - in contrast to the opinion held by the tax administration - decided that the German exit taxation pursuant to Section 6 para. 1 sentence 1 Foreign Tax Act applies to the year in which the German unlimited income tax liability ends and not at the later point in time when the limited tax liability arises.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: exit tax
  13. 16. April 2024

    External tax audit to include review of tax withholding for ...

    The competence of the Federal Central Tax Office is for both full assessment of German income tax of limited taxpayers as well as monitoring and carrying out the withholding tax procedure in accordance with Section 50a (1) Income Tax Act. In a most recently published case, though, the Supreme Tax Court held that it is not permissible for the Central Tax Office to conduct general external tax audits. This is solely the responsibly of the local tax offices.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: tax at source, tax audit
  14. 30. Oktober 2022

    No option for full income tax assessment for German citizen ...

    According to the Cologne Tax Court, the preclusion of German employees resident in Switzerland for full assessment of German income tax is contrary to EU law. The court has referred the case to the European Court of Justice (ECJ) for a preliminary ruling with respect to the Agreement for the Free Movement of Persons between the EU and Switzerland.

    Kategorien: Tax Court
    Schlagwörter: employment income, free movement of pers ...
  16. 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 ...
  17. 21. November 2023

    Bundestag approves Growth Opportunities Act

    On 17 November 2023, the Bundestag approved the Act to Strengthen Growth Opportunities, Investment, and Innovation as well as Tax Simplification and Fairness (Growth Opportunities Act) in the form recommended by its Finance Committee. The Act will be presented to the Bundesrat on 24 November 2023. It cannot currently be ruled out that the Bundesrat will convene the Mediation Committee to discuss individual provisions of the Act (the climate protection investment premium, in particular, will probably be discussed).

    Kategorien: Official Pronouncements, Tax & Legal New ...
    Schlagwörter: Corporation tax, Income Tax Act, Growth ...
  20. 21. April 2025

    Permanent establishment not viewed as employer under relevan ...

    A foreign permanent establishment of a legally independent person resident in Germany cannot be viewed as employer. This was decided by the Supreme Tax Court in a recent judgment regarding the double tax treaties with the Netherlands, Japan, the UK, Spain, Australia, Ireland, Belgium, Switzerland, Italy, Denmark, Canada, Singapore, Norway, Greece and France.

    Kategorien: Supreme Tax Court cases
    Schlagwörter: employer, permanent establishment (PE)
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Björn Viebrock

Björn Viebrock

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Düsseldorf

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