28. März 2013 Supreme Tax Court ruling on option premium applies to hedges ... The finance ministry has decreed that a Supreme Tax Court ruling that an option premium is expense on the decision not to exercise the option applies to hedges, but not to speculations. Kategorien: Official PronouncementsSchlagwörter: hedge, option premium, speculation, forw ...
29. Mai 2013 Option premium not part of sale proceeds The Supreme Tax Court has held that the premium received by the seller of shares for the grant of an option to the buyer is not tax-free in the hands of a company as part of the proceeds of sale. Kategorien: Supreme Tax Court casesSchlagwörter: option premium, sale proceeds
20. Oktober 2017 VAT – Supply of goods – Finance lease with option to purchas ... On 4 October 2017 the European Court of Justice decided that a finance lease with an option to purchase should be qualified as a “supply of goods” where the exercise the option appears to be the only economically rational choice that the lessee could make at the appropriate time. As a result the whole of the VAT becomes due when the object to be leased is handed over. Kategorien: From Europe, European Court of JusticeSchlagwörter: car leasing, VAT, Supply of goods, Finan ...
24. Oktober 2013 Option for VAT on sale of real estate The finance ministry has accepted an option for VAT on the sale of a business property expressly agreed only for the event that the view of the parties of the transaction as a (VAT-free) sale of an entire business should prove to be unfounded. Kategorien: Official PronouncementsSchlagwörter: option for VAT, sale of real estate, ent ...
09. Januar 2011 No income limit on option for full tax liability of EU resid ... The Supreme Tax Court has confirmed that the maximum foreign income limit for the option to treat a non-resident spouse as taxable does not apply within the EU. Kategorien: Supreme Tax Court casesSchlagwörter: Option, full tax liability, tax option, ...
30. Januar 2013 Stock option benefit realised on disposal The Supreme Tax Court has held that the benefit from stock options sold is realised on the date of disposal and is to be based on their value at that point in time. Kategorien: Supreme Tax Court casesSchlagwörter: stock options
05. Januar 2011 No stock option expense before exercise The Supreme Tax Court has held that a company incurred no expense in the issue of free-of-charge stock options to its staff. Kategorien: Supreme Tax Court casesSchlagwörter: stock option, exercise, option grant, fr ...
30. Dezember 2015 No deduction for knock-out option losses The Supreme Tax Court has held that lapsed options based on market rate movements rather than on a conscious decision by the taxpayer are not deductible from investment income. Kategorien: Supreme Tax Court casesSchlagwörter: Option, investment income, knock-out
27. März 2014 Tonnage tax option does not exclude partner’s earnings prior ... The Supreme Tax Court has held that the exercise of the option for tonnage tax on the profits of a ship sailing in international waters does not preclude regular taxation on the earnings of a partner from services to the partnership prior to the ship’s commissioning. Kategorien: Supreme Tax Court casesSchlagwörter: tonnage tax
24. Februar 2011 Receipt for repurchase obligation to be deferred until expir ... The Supreme Tax Court has held that the additional proceeds from the sale of goods with an option for the buyer to require repurchase shall be deferred until the option expires. Kategorien: Supreme Tax Court casesSchlagwörter: Steuern / Tax
13. Oktober 2011 Buy-back commitment in motor trade to be taken up as separat ... The finance ministry has decreed that a motor vehicle dealer who has undertaken to buy back a vehicle from a customer must take up the option premium as a liability to be released on expiry of the option. Kategorien: Official PronouncementsSchlagwörter: motor trade, buy-back, put option
21. Mai 2013 Employee option in valuing staff purchases The finance ministry has instructed tax offices to follow the Supreme Tax Court in allowing employees to value their benefit from subsidised staff purchases under the general rules for benefits in kind, if more favourable. Kategorien: Official PronouncementsSchlagwörter: staff purchases, benefits in kind
28. September 2011 No income from stock option exercise if disposal of shares l ... The Supreme Tax Court has held that the issue of shares at a reduced price is not a taxable benefit if the acquirer is legally unable to dispose of them. Kategorien: Supreme Tax Court casesSchlagwörter: stock option, exercise, disposal
22. März 2017 No economic ownership of lessee in case of a sale-and-lease ... A mere put option by the lessor at a favorable price does not necessarily lead to the attribution of economic ownership of the assets to the lessee. In its judgment the Supreme Tax Court once more confirms that economic ownership must be determined on a case-by-case basis. Kategorien: Supreme Tax Court casesSchlagwörter: put option, sale and lease-back, economi ...
10. November 2021 Foreign tax credit possible even if several options to reduc ... The regional tax court of Rhineland-Palatinate had to decide whether, in the case of a right to choose between two methods of reducing foreign withholding tax, the taxpayer must ensure that foreign taxes are credited in as small an amount as possible. The regional tax court is of the opinion that it is at the discretion of the taxpayer if and how to use the option to which he is entitled and that this does not have an adverse impact on the general possibility of a foreign tax credit against his German income tax liability. Kategorien: Tax CourtSchlagwörter: foreign tax credit, foreign withholding ...
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 casesSchlagwörter: employment income, tax assessment, limit ...
14. August 2016 Higher tax-free allowance also for non-resident beneficiarie ... The ECJ held that the German inheritance and gift tax option for taxation as a resident does not fully resolve the conflict with EU law from the lower personal allowances for non-residents. In consequence and considering an earlier ECJ judgment of April, 2010 the referring Lower Tax Court now finally ruled in favour of the taxpayer. Kategorien: From EuropeSchlagwörter: personal allowances, tax free gift allow ...
31. August 2017 5-year tax deferral on transfer of roll-over relief provisio ... The Supreme Tax Court has upheld the German rule providing for immediate taxation (but with a deferral option) of the transfer of a roll-over provision to be held as a fixed asset of a permanent establishment in another member state. Kategorien: Supreme Tax Court casesSchlagwörter: roll-over relief provision, tax deferral
08. Januar 2014 No tonnage tax for short-term operations The Supreme Tax Court has held that an option to tax international shipping operations on the basis of the net registered tonnage operated depends on the intention to operate for at least a year after putting the ship into service (commissioning). A gain on the sale of a ship prior to commissioning is not an ancillary transaction to the tonnage tax operations of her replacement, even if the sale proceeds are used to finance the new vessel. Kategorien: Supreme Tax Court casesSchlagwörter: tonnage tax, short-term operation, inter ...
23. Januar 2014 German rule on taxation of hidden reserves on contribution o ... The ECJ has upheld a German rule providing for immediate taxation (but with a deferral option) of the capital gain inherent in the excess of the market over the book value of a business transferred to a corporation in exchange for shares where as a result of the transaction Germany would lose the right to tax the gain on any subsequent sale of the shares. Kategorien: From EuropeSchlagwörter: capital gain, hidden reserves, contribut ...
