Suchergebnisse für: `loss-carry-forward` (27 gefunden)

1. 20. Januar 2011

   Upstream merger does not imperil loss carry forward of survi ...

   The Supreme Tax Court has held that a downstream, but not an upstream, merger leads to new assets for the surviving entity that can imperil its loss carry forward.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: loss carry forward, share acquisition, s ...
2. 26. August 2016

   No trade tax loss carry-forward with merger of two-tier part ...

   In its decision of 12 May 2016 the Supreme Tax Court held that -in the case of a two-tier partnership structure- the trade tax loss carry-forward of the lower-tier partnership is fully eliminated, if the upper-tier partnership, which holds a 100% -interest in the income and assets of the lower-tier partnership, is merged down-stream and thus ceases to exist. Referring to previous case law, the Court’s reasoning was that the upper-tier partnership, as co-entrepreneur of the lower-tier partnership, was also the holder of the partnership’s trade tax loss-relief.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: downstream merger, trade tax, Two-Tier P ...
3. 22. Mai 2012

   Loss carry forward transfer only if loss maker still owned a ...

   The Supreme Tax Court has held that unused loss relief may only pass to transferee under the Reconstructions Tax Act up to December 12, 2006 if the loss making business was still held by the transferor on date of transfer.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: Loss relief, loss carryforward transfer, ...
4. 20. August 2020

   Federal Ministry of Finance: draft circular on the applicati ...

   The Federal Ministry of Finance has sent the draft of a Ministry circular on the application of Section 8d of the Corporation Tax Act (CTA) – continuance-bound loss carry-forward after loss forfeiture - to the professional associations for comment.

   Kategorien: Official Pronouncements

   Schlagwörter: loss carry forward, continuance-bound ta ...
5. 05. April 2016

   Forfeiture of loss relief on upstream merger

   The Supreme Tax Court has held that an upstream merger leads to new assets in the accounts of the parent (surviving entity) and thus to forfeiture of that company’s remaining loss carry-forward if the new assets are substantial.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: loss carry forward, Upstream merger, Los ...
6. 03. Juli 2018

   Exemption of loss forfeiture for troubled businesses not ill ...

   The ECJ overturned an earlier judgment of the European General Court and held that the German tax legislation concerning the possibility of a loss-carry forward to future tax years despite a harmful share acquisition in cases of a rescue plan to save the company from insolvency – known as the salvage clause - is not illegitimate state aid.

   Kategorien: From Europe

   Schlagwörter: loss forfeiture, troubled businesses, il ...
7. 15. Oktober 2012

   No abuse in sale of worthless debt to new shareholder

   The Supreme Tax Court has allowed a manoeuvre effectively avoiding forfeiture of a loss carry-forward on change of shareholder through the sale of a worthless shareholder loan to a new shareholder followed by recovery from the injection of new capital.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: worthless debt, forfeiture of a loss, ch ...
8. 13. Januar 2017

   Amendment of tax loss utilisation rules for corporations

   Under certain conditions, changes in shareholders and the admission of new investors will in future be possible without giving rise to a forfeiture of losses carried-forward. On 23 December 2016 the Act for the Further Development of Tax Loss Utilisation for Corporations was published after having been adopted by the German Parliament (Bundestag and Bundesrat) on 20 December 2016.

   Kategorien: PwC Reports, Legislation

   Schlagwörter: Corporation tax, curtailment of losses, ...
9. 15. Januar 2020

   Cologne Tax Court - no cut-off period for applications for c ...

   The Cologne Tax Court held in its decision (10 V 1706/18) published on 15 January 2020, that the wording of Section 8d (1) Sentence 5 of the Act did not contain a cut-off period according to which the application under Section 8d (1) CTA for continuance-bound loss carry-forwards must be filed in the first tax return - and only there.

   Kategorien: Tax Court

   Schlagwörter: harmful share transfers, continuance-bou ...
10. 15. April 2015

    Minimum taxation not a reason for provisional assessment

    The Supreme Tax Court has held that a tax office cannot be required to issue a provisional assessment restricting the immediate deduction of the loss brought forward, merely because of the possibility that the remaining loss to be carried forward might be invalidated by a share transaction abroad at some future point in time.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: loss offset, minimum tax, provisional as ...
11. 25. Oktober 2011

    Minimum tax – payment suspension

    The finance ministry has instructed tax offices to allow payment suspension requests on assessments to “minimum tax” where the future offset of the loss to be carried forward is excluded by law.

    Kategorien: Official Pronouncements

    Schlagwörter: offset, Loss relief, minimum tax, carrie ...
12. 03. September 2014

    Loss offset deferral unconstitutional?

    The Supreme Tax Court has referred to the Constitutional Court on whether a confiscatory effect of the loss offset deferral provisions can be a breach of the equal treatment requirement of the constitution.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: minimum taxation, loss offset
13. 05. Dezember 2017

    Final circular published by Federal Ministry of Finance on a ...

    On 30 November 2017, the Federal Ministry of Finance published the final version of its circular on the application of the loss forfeiture rules according to Section 8c of the Corporation Tax Act (CTA), including comments on the Hidden Reserve Clause and the Group Clause. This circular replaces the circular on this subject from 4 July 2008.

    Kategorien: Official Pronouncements

    Schlagwörter: share acquisition, loss forfeiture, hidd ...
14. 24. Juli 2013

    Exemption from loss cancellation on change of shareholders m ...

    The ECJ has held that a Finnish exemption from a loss forfeiture provision on the change of shareholders would be state aid if the authorities may apply it with discretion and would require Commission approval if the details of the scheme have substantially changed since Finland’s accession in 1995.

    Kategorien: From Europe

    Schlagwörter: loss cancellation, loss forfeiture, chan ...
15. 16. Mai 2017

    Curtailment of loss relief for companies in part unconstitut ...

    The German Constitutional Court held that the rules for curtailment of loss relief on change of shareholders to be in breach of the formal provisions of the constitution under the principle of equal treatment insofar as changes of more than 25% and up to 50% of the shares in a company within a period of five years are concerned.

    Kategorien: PwC Reports

    Schlagwörter: Loss relief, curtailment of losses, chan ...
16. 12. Juni 2012

    Tax & Legal News - Issue 2, June 2012

    In this issue: Pwc Reports, Official Pronouncements, Supreme Tax Court Cases, From Europe and From PwC

    Kategorien: Tax & Legal News

    Schlagwörter: Steuern / Tax
17. 25. April 2014

    Final PE loss abroad offset at home

    The Supreme Tax Court has held that a foreign PE loss that for all practical purposes cannot be offset in its country of origin can be offset in German as the country of the head office.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: permanent establishment (PE), loss abroa ...
18. 16. September 2014

    Differing forms of double tax relief not restriction on free ...

    The ECJ has held that no restriction on the freedom of capital movement arises from relieving domestic double taxation on dividend income under an exact imputation system, whilst foreign double taxation is relieved by exempting the foreign income.

    Kategorien: From Europe

    Schlagwörter: foreign income, double tax relief, divid ...
19. 12. Februar 2013

    Pre-accession relief rule applicable until Commission rules ...

    The advocate general on an ECJ case on special case exemption from a loss curtailment provision has suggested the court hold the exemption rule to be of pre-accession provenance and thus not to be disapplied as unauthorised state aid unless and until the Commission has come to that conclusion on the basis of a properly completed formal proceeding.

    Kategorien: From Europe

    Schlagwörter: Loss relief, curtailment of losses, chan ...
20. 11. März 2022

    Disposal of shares from a convertible bond issue

    According to a ruling of the Supreme Tax Court published on 10 March 2022, where a financial company acquires a convertible bond with the intention of achieving a short-term proprietary trading profit and sells the shares received as a result of the conversion, this meets the conditions of Section 8b (7) sentence 2 Corporation Tax Act.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: banks, convertible bonds, financial comp ...
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