Suchergebnisse für: `partnership` (1047 gefunden)

1. 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 ...
2. 19. Juni 2013

   No RETT if indirect change in partnership incomplete

   The Supreme Tax Court has granted a taxpayer’s appeal against a real estate transfer tax assessment on the grounds that an indirect change in the shareholdings in the members of a property owning partnership was less than a complete change of interest in the partnership.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: real estate transfer tax, RETT
3. 01. August 2019

   Restrictions to the “tainting effect” of trading partnership ...

   For income tax purposes, income of a partnership from leasing and letting or from capital assets is to be reclassified as trading income where the partnership also receives a negligible amount of income from a participation in a trading partnership; however, such “tainted” income is not subject to trade tax.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: partnership income, trade tax, tainted i ...
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. 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
6. 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
7. 14. April 2016

   Exchange loss on investment in foreign partnership is part o ...

   The Supreme Tax Court has confirmed its previous case law that the foreign exchange loss on the return of capital invested in a foreign partnership is part of the trading results attributable to that partnership. Hence, it is not deductible in Germany if the income is not taxable by treaty or statute.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: exchange loss, foreign partnership
8. 06. Dezember 2020

   RETT: Change of shareholders in real estate partnership

   The Supreme Tax Court has granted a taxpayer’s appeal against a real estate transfer tax assessment on the grounds that an indirect change in the shareholdings in the members of a real estate partnership was less than a complete change of interest in the partnership. With its decision the court has confirmed its case law regarding share transactions made prior to the enactment of the Tax Amendment Act 2015.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: change of shareholders, indirect shareho ...
9. 14. Januar 2025

   Notice of a tax assessment to a dissolved partnership

   The validity of an assessment notice on the separate and uniform determination of the tax bases (profit assessment notice) for 2013 which was issued after a partnership had been fully terminated was in dispute before the tax courts. In its most recent decision, the Supreme Tax Court disagreed with the view of the tax court of first instance who has held that a profit assessment notice issued to a fully terminated partnership is always null and void.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: assessment procedures, assessment basis
10. 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
11. 17. März 2017

    No extended trade tax deduction on the disposal of an intere ...

    Profits arising from the sale of an interest in a partnership are not to be included in the extended trade tax deduction for real estate enterprises.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: limited partnership, Extended deduction ...
12. 31. Januar 2018

    RETT-Blocker: Indirect unification of shares through an inte ...

    The Supreme Tax Court has decided that where an intermediary partnership holds direct or indirect interests in a real-estate-owning company, the relevant holding for establishing its interest in the related real-estate holding company, is its interest in the capital of the partnership and not the interest in the jointly owned property according to the law of property.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: RETT, Taxation of real estate, unificati ...
13. 06. April 2025

    Corporation tax group and non-typical silent partnership

    An untypical silent partnership in the controlled group company does not generally prevent the recognition of a consolidated tax group for corporation tax purposes. With this current decision, the Supreme Tax Court disagrees with the previous opinion of the tax authorities.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: non-typical silent partnership, corporat ...
14. 12. Februar 2025

    Trade tax treatment of the sale of a partnership share with ...

    In a recently published decision, the Supreme Tax Court held that the profit from the sale of a limited partnership share which is proportionally encumbered with an atypical sub-participation is fully subject to trade tax.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Sale of shares, limited partnership
15. 05. Juli 2012

    Sale of partnership share subject to trade tax if coincident ...

    The Supreme Tax Court has held that the sale of a partnership share is subject to trade tax if the tax effective dates of sale and of its acquisition of the business of its GmbH subsidiary through merger are identical.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: capital gain, trade tax, merger
16. 13. März 2014

    No input tax deduction on acquisition of intangibles to be p ...

    The ECJ has held that a German tax consultant cannot deduct the input tax on the acquisition of an intangible from one partnership for use by another for lack of his own economic activity.

    Kategorien: From Europe

    Schlagwörter: input tax, partnership, intangibles
17. 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
18. 12. April 2018

    Constitutional complaint regarding the trade tax treatment o ...

    In a decision on 10 April 2018, the German Constitutional Court concluded that the complaint that the trade tax treatment of gains from the disposal of partnership interests was unconstitutional because it contravened the principle of equality was not justified.

    Kategorien: Constitutional Court

    Schlagwörter: trade tax, Principle of equality, Princi ...
19. 27. Januar 2025

    RETT: New shareholders in case of indirect change in shareho ...

    In a most recent judgment, the Supreme Tax Court sees no taxable event within the meaning of Section 1 (2a) sentence 1 of the Real Estate Transfer Tax Act (regarding the taxation of a consolidation of shares) if a partnership holding an indirect interest in the real estate-owning partnership is interposed in the shareholder structure and where the shareholders themselves remain unchanged.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: change of shareholders, real estate comp ...
20. 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 ...
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