Suchergebnisse für: `loan` (156 gefunden)

1. 27. Oktober 2011

   Declining rate loan interest to be spread over term of the l ...

   The Supreme Tax Court has held that declining rate interest on a loan should be taken to prepaid expense and then written off in equal portions over the term of the loan, unless the borrower had an early repayment facility without a claim for partial refund of the higher interest paid.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: early repayment, declining rate, step do ...
2. 26. November 2014

   Income adjustment for interest-free loan to foreign subsidia ...

   The Supreme Tax Court has held that an income adjustment for the interest lost on an interest-free loan to a foreign subsidiary can be made under the Foreign Tax Act unless the loan was granted as a substitute for share capital.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: income adjustment, interest-free loan, f ...
3. 05. Juli 2012

   Full income tax deduction for shareholder loan write-off

   The Supreme Tax Court has held that the write-off of a shareholder loan held as a business asset is fully deductible by the income taxpaying holder even if the loan is to be seen as a substitute for share capital

   Kategorien: Supreme Tax Court cases

   Schlagwörter: shareholder loan, write-off
4. 04. Januar 2011

   Profit-sharing loan not necessarily dependent on annual surp ...

   The Supreme Tax Court has held that a profit-sharing loan can be dependent on an overall, as opposed to an annual, surplus.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: fixed-interest, profit sharing loan
5. 05. April 2016

   Loan and accumulated interest separate debts

   The Supreme Tax Court has held that a refusal to recognise a related party loan write-off, does not preclude the tax office from treating the write-off of the accumulated interest as a further hidden distribution.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: write-off, accumulated interest, debt
6. 17. Juni 2015

   Pre-2008 disallowance of related-party loan interest

   The Supreme Tax Court has held that the pre-2008 disallowance of loan interest on related-party finance for the purchase of shares refers to direct investments only.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: loan interest, related party finance, th ...
7. 30. April 2025

   Tax treatment of shareholder loan granted to asset-managing ...

   A shareholder loan granted to an asset-managing partnership is not recognized from a tax point of view insofar as the company's loan liability is attributable to its shareholder for tax purposes (Section 39 (2) no. 2 of the German Fiscal Code). According to a recent decision of the Supreme Tax Court, the loan agreement neither leads to deductible income-related expenses for the borrower nor to income from capital assets for the lender but is rather considered a tax-neutral contribution. This would be different only in the case of commercially active partnerships.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: IFRS (Asset Management), partnership, sh ...
8. 29. April 2025

   Tax treatment of shareholder loan granted to asset-managing ...

   A shareholder loan granted to an asset-managing partnership is not recognized from a tax point of view insofar as the company's loan liability is attributable to its shareholder for tax purposes (Section 39 (2) no. 2 of the German Fiscal Code). According to a recent decision of the Supreme Tax Court, the loan agreement neither leads to deductible income-related expenses for the borrower nor to income from capital assets for the lender but is rather considered a tax-neutral contribution. This would be different only in the case of commercially active partnerships.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: IFRS (Asset Management), shareholder loa ...
9. 07. September 2011

   Handling fee on subsidised loan immediate expense if not ref ...

   The Supreme Tax Court has held that a handling fee charged on the grant of a publicly subsidised loan should be taken to immediate expense if not partially refundable on earlier loan repayment, or where earlier repayment is confined to instances of contract cancellation for good cause.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: early repayment, handling fee, subsidise ...
10. 03. Januar 2013

    No write-down of interest-free loan asset

    The Supreme Tax Court has refused a company a write-down to current market value of an interest-free long-term loan asset on the grounds that ultimate repayment was not in doubt and that the value impairment was therefore only temporary.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: loan, interest-free, value impairment
11. 26. März 2024

    Compensation upon reversal of loan contract not subject to i ...

    According to a ruling of the Supreme Tax Court, the compensation for use received in the context of the reversal of a consumer loan agreement after revocation is not subject to income tax.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: compensation payment, loan, capital inve ...
12. 26. Februar 2015

    No refusal of related-party loan write-down for lack of secu ...

    The Supreme Tax Court has rejected a tax office income adjustment cancelling a write-down of an unsecured loan to a foreign subsidiary as the lack of security was, in the view of the tax office, not at arm’s length.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: write-down, unsecured loan, foreign subs ...
13. 09. September 2015

    Arm’s length related-party loan interest to include risk upl ...

    The Supreme Tax Court has held that a write-off of an irrecoverable related-party loan is not subject to income adjustment under the arm’s length rules, although the interest rate should reflect the bad debt risk.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: bad debt, related-party loan, arm's leng ...
14. 16. Februar 2024

    Partial waiver of a subsidised loan under the Upgrading Trai ...

    In a recent judgement, the Supreme Tax Court (BFH) ruled that partial loan forgiveness for professional development training constitutes taxable income from employment under Section 19 (1) Sentence 1 No. 1 of the Income Tax Act.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: loan, Income Tax Act, income from employ ...
15. 01. September 2023

    Charitable contribution may be tax deductible even if return ...

    According to a decision of the Supreme Tax Court, the mere fact that a foundation returns the amount it previously received from the donor to the latter within a short period of time as an interest-bearing loan and uses the interest income earned to promote its tax-privileged statutory purposes is not in itself a reason to deny the tax-deductibility of the contribution as donation.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: donations, charitable organization
16. 18. März 2024

    ECJ: Method of calculating compensation for early repayment ...

    In a request for a preliminary ruling from the District Court of Ravensburg (Landgericht Ravensburg) the European Court of Justice was asked for an interpretation of Directive 2014/17/EU on the creditor’s right to receive compensation for premature repayment of a loan. The ECJ held that it must be ensured that the calculation by the creditor of its loss of profit from the premature termination, considering the flat rate return on the sum repaid early is fair and objective, and that it does not exceed the creditor’s financial loss.

    Kategorien: European Court of Justice

    Schlagwörter: compensation payment, early repayment, l ...
17. 31. August 2011

    Foreign tax credit on hedged loan interest takes hedge costs ...

    The Supreme Tax Court has held that the hedge costs on a foreign currency loan are to be deducted from the interest received in calculating the net foreign income as the basis for the foreign tax credit available.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: loan interest, interest, foreign currenc ...
18. 31. Oktober 2013

    Foreign partner receives business income from the interest o ...

    The Supreme Tax Court has held that a foreign limited partner must accept attribution of the shares in a British distributor company held by the partners to the partnership. In consequence, the interest on a shareholder loan falls to the partnership, where it is requalified as trading income. The interest clause in the double tax treaty with the partner’s home country is inapplicable.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: shareholder loan, partner, interest inco ...
19. 07. Februar 2025

    Waiver of loan by shareholder of a corporation in return for ...

    One of the issues of dispute before the tax courts was if the waiver of a claim by a shareholder of a corporation in return for a debtor warrant should be taken into account at the time of the waiver or later if it is certain that the condition subsequent will no longer occur. According to the decision of the Supreme Tax Court, the ensuing loss in the case from the waiver is to be considered for tax purposes already at the time of the waiver. This results in negative income from capital investments in the amount of the non-recoverable receivable. The Supreme Tax Court further revealed on how it sees qualified subordinated debt and interest for refinancing of the loan to be treated in the hands of a shareholding managing director.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: waiver, losses
20. 02. Dezember 2024

    Calculation of gift tax for low-interest loans

    In a recent judgment the Supreme Tax Court held that the granting of a loan at an interest rate which is not customary in the market is subject to gift tax as gratuitous contribution. When calculating the interest advantage the standard (typically used) interest rate of 5.5% as mentioned in Section 15 (1) of the Valuation Act cannot be applied if a lower market value for comparable loans has been established.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: loan interest, low interest
21. Weitere laden