23. April 2021 Unutilised maintenance expenses deductible under Para. 82b ... The Supreme Tax Court decided that where a taxpayer decides to set off major maintenance expenses over a period of several years in accordance with Para. 82b of the Income Tax Implementation Regulations (“EStDV”) but dies before the full amount has been deducted, that part of the maintenance expenses not yet set off can be deducted as a rental income expense in the year of assessment in which the death occurred. ... From this, he earned rental income. Kategorien: Supreme Tax Court casesSchlagwörter: rental income, Principle of capacity, ma ...
18. Mai 2011 Rental income of foreign residents The finance ministry has issued an explanatory decree for foreign businesses following a change in the law reclassifying their income from German property from rental to trading income. Kategorien: Official PronouncementsSchlagwörter: rental income, foreign residents, bookke ...
03. April 2019 Extended trade tax deduction also possible for shareholdings ... Under the extended trade tax deduction, rental income derived by entities whose activities are limited to the administration of their own real property is deductible from the trading income subject to trade tax. The Grand Senate of the Supreme Tax Court held that this trade tax deduction is also available for a commercial GmbH & Co. KG with respect to its interest in a pure asset-management civil law partnership. ... The plaintiff claimed the extended trade tax deduction for its pro-rated rental income from the participation Kategorien: Supreme Tax Court casesSchlagwörter: extended trade tax deduction, real estat ...
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 casesSchlagwörter: rental income, limited partnership
10. August 2011 No trade tax double dip within Organschaft The Supreme Tax Court has refused an Organschaft subsidiary the trade tax property company exemption because it only let within the Organschaft. ... The subsidiary claimed this exemption – granted in the form of a full deduction of the net rental income Kategorien: Supreme Tax Court casesSchlagwörter: Organschaft, double dip, property compan ...
09. Januar 2011 Non-resident to be allowed personal expense deduction agains ... An ECJ advocate general has asked the court to rule that a German deduction for personal expenses be extended to non-residents if they would not have had the income without the obligation. ... income from the property. Kategorien: From EuropeSchlagwörter: free movement of capital, Personal expen ...
14. Dezember 2011 Vehicle lessor to provide for planned loss on sale The Supreme Tax Court has held that a truck lessor may accumulate a provision to cover an agreed loss on sale after the lease period in proportion to the rental income. Kategorien: Supreme Tax Court casesSchlagwörter: leased trucks, contract residual value, ...
27. April 2017 Municipality as a business for VAT In a recent decision the Supreme Tax Court dealt with the provision of services by public bodies under German VAT law. If the economic activities of a public body are not outstanding and distinct from its overall activities it is not a taxable business for VAT and thus not eligible to deduct input VAT incurred on the underlying costs. ... income and costs. Kategorien: Supreme Tax Court casesSchlagwörter: VAT business status, municipality, publi ...
21. Juli 2021 "Rental" of virtual land during online game subject to VAT? Transactions made in exchange for redeemable play money as part of an online game in virtual space are subject to VAT. This was decided by the Cologne Fiscal Court in August 2019. The final decision of the Supreme Tax Court is expected soon due to the fact that the case has now been pending since January 2020. ... The tax office took this "rental income" to be subject to VAT. Kategorien: Tax CourtSchlagwörter: virtual game, virtual land, online game, ...
25. Mai 2011 Loss offset limitation 1999-2003 only applies to notional lo ... The Supreme Tax Court has held that the 1999-2003 “minimum taxation” rules apply to “paper” losses, but not to those borne with true economic effect. ... Thus, a married couple was entitled to set its entire rental income against its still higher trading Kategorien: Supreme Tax Court casesSchlagwörter: minimum taxation, loss offset
19. August 2016 Subject-to-tax clause - Section 50d (8) ITA in the case of d ... The Supreme Tax Court refused leave to appeal on a case involving the double tax residence of a German unlimited taxpayer. ... During the year in question he received a pension and rental income in Germany and he was employed by Kategorien: Supreme Tax Court casesSchlagwörter: subject to tax, Tax Treaties, Double tax ...
26. Juli 2021 British university college recognized as charitable foundati ... An ancient english university college may meet the requirements of a charitable foundation under German law and be exempt from corporate income tax because of its non-profit status. In its decision the Supreme Tax Court also found that the legal structure of the college is equivalent to that of a German foundation within the meaning of Sec. 80 (1) of the German Civil Code. ... income should be exempt from the tax pursuant to Sec. 5 (1) No. 9 CTA. Kategorien: Supreme Tax Court casesSchlagwörter: british university college, charitable o ...
16. Juni 2020 Federal Cabinet releases draft bill for post-covid stimulus ... The German Federal Cabinet has released the draft bill on the crisis management package aimed at mitigating the economic impact of the COVID 19 pandemic. ... income), which is to be repealed when the bill becomes law. Kategorien: Official PronouncementsSchlagwörter: COVID-19, loss carry-back, trade tax add ...
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 PronouncementsSchlagwörter: offset, Loss relief, minimum tax, carrie ...
09. März 2011 Interest of British property LLP taxed in Germany as interes ... The Supreme Tax Court has held that the interest income of a German-owned limited partnership in England is taxable in Germany as interest, and not exempt as trading income. The capital gain on the sale of the property is not exempt as taxable in the UK, merely because of the capital allowance claw-back. Kategorien: Supreme Tax Court casesSchlagwörter: capital gain, interest, property, limite ...
12. August 2015 Regular remuneration can qualify for multi-year preference The Supreme Tax Court has held that remuneration paid in a single sum for a fourteen-month period can qualify for preferential treatment as remuneration paid for more than one year. Kategorien: Supreme Tax Court casesSchlagwörter: multi-year, unusual income, preferential ...
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 casesSchlagwörter: minimum taxation, loss offset
18. Juni 2014 Sale of mining right as sale of real estate The Supreme Tax Court has accepted the sale of mining rights attaching to a property no longer owned by the seller as the sale of a real estate right to be taxed as a capital gain. Kategorien: Supreme Tax Court casesSchlagwörter: Real Estate, property, mining right, min ...
30. April 2014 Application for tonnage tax from year of first voyage The Supreme Tax Court has held that the first year in which application for tonnage tax may be made is the year of the first voyage of the ship for the operator. Kategorien: Supreme Tax Court casesSchlagwörter: tonnage tax
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 casesSchlagwörter: tonnage tax, Shipping, shipping line
