Suchergebnisse für: `partnership` (698 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. 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
6. 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 shareholder, indirect sharehol ...
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. 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 ...
9. 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 ...
10. 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
11. 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, intangible
12. 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 ...
13. 20. Januar 2014

    Project consideration in a public/private partnership split ...

    The Supreme Tax Court has upheld a lower court decision to the effect that the payments to the project partner within a public/private partnership can be split between repayment of principal (payment for the capital investment) and VAT-free interest. This split is possible, even if the exact amounts are not known when the contract is signed.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: public/private partnership, builder, cap ...
14. 25. August 2015

    Non-typical silent partnership excludes company from Organsc ...

    The finance ministry has decreed that a company with an untypical silent partner cannot be a member of a corporation tax group.

    Kategorien: Official Pronouncements

    Schlagwörter: Organschaft, tax group, silent partnersh ...
15. 11. Dezember 2013

    Tonnage tax hidden reserve taxable in Germany on retirement ...

    The Supreme Tax Court has held the tonnage tax hidden reserve of a shipping partnership to be taxable in Germany on the withdrawal of a Belgian partner from the partnership.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: tonnage tax, Shipping, shipping line
16. 05. Mai 2011

    Partnership management fee subject to VAT

    The Supreme Tax Court has held that an unlimited partner's fee for management, representation and for liability for the partnership's debts is subject to VAT as a single supply.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: partnership, management fee, general par ...
17. 26. März 2015

    Partnerships to be eligible for VAT groups?

    An ECJ advocate general has suggested that management holding companies be allowed an input tax deduction in proportion to the taxable/total turnover of their subsidiaries and that partnership subsidiaries should not be excluded from joining a VAT Group.

    Kategorien: From Europe

    Schlagwörter: VAT group, partnership, Shipping, manage ...
18. 16. April 2021

    VAT group: ECJ defines eligibility of partnerships as contro ...

    The ECI held that it is from the outset not compatible with EU-Law if the possibility for a partnership to form a VAT group - in addition to the controlling company – is limited to those partners in the partnership whose business is financially integrated into that of the parent. Such a restriction can only be justified by a specific need to prevent abuse.

    Kategorien: European Court of Justice

    Schlagwörter: VAT group, partnership, controlled compa ...
19. 16. Juli 2020

    Shareholding in corporation as a Special Business Asset II

    The Supreme Tax Court has ruled that for the purposes of considering the allocation of a partner's share in a GmbH to the Special Business Assets II of his partnership interest, regard must be had not only to the business relationship of the GmbH with the partnership – but also to whether the GmbH has a substantial business operation of its own.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: limited partnership, special business as ...
20. 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 ...
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