Suchergebnisse für: `share-acquisition` (38 gefunden)

1. 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. ... Harmful share acquisitions during the financial year The tax administration has now adopted the 2011

   Kategorien: Official Pronouncements

   Schlagwörter: share acquisition, loss forfeiture, hidd ...
2. 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. ... Thus a share acquisition through an intermediary partnership can lead to a unification of shares within

   Kategorien: Supreme Tax Court cases

   Schlagwörter: RETT, Taxation of real estate, unificati ...
3. 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. ... acquisitions to enable corporate recovery in Sec. 8c (1a) CTA substituting the former regulations in

   Kategorien: From Europe

   Schlagwörter: loss forfeiture, troubled businesses, il ...
4. 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. ... acquisition followed eight months later by a downstream merger of the acquirer onto the target.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: loss carry forward, share acquisition, s ...
5. 21. September 2016

   Loss carry back in case of change in shareholding during the ...

   The Lower Tax Court of Muenster held that losses incurred during the year in which a harmful change in shareholding took place can be carried back to the previous tax year. ... For example, in case of a harmful share acquisition during the current year it was held that any current

   Kategorien: Supreme Tax Court cases

   Schlagwörter: loss carry-back, change in shareholders, ...
6. 05. März 2013

   Corporation tax on portfolio dividends

   The Bundesrat has passed a bill to charge dividend income on investments of less than 10% to corporation tax. ... acquisition are not “caught”.

   Kategorien: PwC Reports

   Schlagwörter: portfolio dividend
7. 04. Februar 2016

   Loss forfeiture exemption for troubled businesses rejected

   The ECJ has upheld a Commission ruling to the effect that the exemption from the provision for loss forfeiture on change of shareholders for troubled companies being rescued constitutes unlawful state aid. ... However, the argument failed because a rescue attempt was not the only non-abusive share acquisition

   Kategorien: From Europe

   Schlagwörter: change of shareholder, loss forfeiture, ...
8. 20. April 2011

   Real estate transfer tax on share acquisitions unconstitutio ...

   The Supreme Tax Court has asked the Constitutional Court for a ruling on the conformity with the constitution of the real estate transfer tax valuation provisions applicable to share transfers.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: share transfer, real estate transfer tax ...
9. 08. Juni 2021

   Abuse of legal forms in the case of merger

   According to the decision of the Supreme Tax Court the offset of losses in case of an upstream merger with the profits of the transferring company accrued during the period of retrospective application was not abusive and in accordance with the legal (tax) provisions in force in the year of dispute (2008). ... In the present case, however, the object of the share acquisition and subsequent merger is D GmbH as

   Kategorien: Supreme Tax Court cases

   Schlagwörter: Upstream merger, abuse, loss utilization ...
10. 02. Februar 2011

    Commission objects to enhanced loss relief for troubled comp ...

    The European Commission has concluded that the rule exempting troubled companies from the loss relief forfeiture on change of shareholders is unauthorized state aid. ... acquisitions to enable corporate recovery.

    Kategorien: From Europe

    Schlagwörter: Steuern / Tax
11. 06. November 2019

    UPDATE. Federal Cabinet adopts Real Estate Transfer Tax Amen ...

    On 31 July 2019, the Federal Cabinet adopted the government draft of the "Real Estate Transfer Tax Amendment Act".

    Kategorien: Legislation

    Schlagwörter: real estate transfer tax, RETT, Finance ...
12. 02. August 2019

    Finance Bill 2019 gets green light from Federal Cabinet

    On 31 July, the Federal Cabinet adopted a draft Finance Bill 2019 referred to as the "Act on the Further Tax Promotion of Electric Mobility and on the Amendment of Further Tax Regulations". As its name suggests the bill focuses on tax incentives for electro-mobility but includes legislation in numerous other areas of tax law.

    Kategorien: Legislation

    Schlagwörter: Share deals, Finance Bill 2019, acquisit ...
13. 17. Mai 2019

    Tax exemption on gains from share disposals available to fin ...

    Gains realised by financial undertakings resident in third countries on the disposal of shares are fully exempt from corporation tax. In these proceedings,the Hessian Tax Court considered whether the exclusion from the benefit of the participation exemption under Section 8b (7) of the Corporation Tax Act also applied to credit institutions and financial services institutions not resident in the EU/EEA.

    Kategorien: Tax Court

    Schlagwörter: financial undertakings, banks, participa ...
14. 17. Mai 2019

    Finance Bill 2019: proposed changes to the real estate trans ...

    Following the discussions of the Conference of Finance Ministers of the Federal States, the government has included in the Finance Bill 2019 amended regulations in respect of so-called “share deals” in real estate transactions. Aim of the proposed rules is a tightening of the financial framework around the indirect "transfers" of real estate held through companies and other associations of persons.

    Kategorien: Official Pronouncements

    Schlagwörter: RETT, indirect transfers of real estate, ...
15. 01. Februar 2019

    Free movement of capital in cases of shareholdings of at lea ...

    In its judgement of 24 July 2018, published on 30 January 2019, the Supreme Tax Court held that with regard to national provisions with a requirement of a minimum shareholding of at least 10%, the principle of the free movement of capital is not blocked by the principle of freedom of establishment. Whilst the judgement specifically related to a legal provision, which is no longer applicable, it represents a departure by the Supreme Tax Court from its previous view on this issue.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: minimum holding, free movement of capita ...
16. 03. November 2021

    Retention period infringement under Section 6 (5) Sentence 6 ...

    According to a decision of the Supreme Tax Court, where, within the framework of a multi-level partnership, an upper partnership, which indirectly participated in an asset transferred at book value under Section 6 (5) Sentence 3 Income Tax Act ("ITA"), changes its legal form into a corporation at book value, this will be considered an infringement of the retention period under Section 6 (5) Sentence 6 ITA

    Kategorien: Supreme Tax Court cases

    Schlagwörter: transfer at book value, change of legal ...
17. 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 ...
18. 25. Juni 2021

    Bundesrat approves the Act to Modernise Corporate Income Tax

    UPDATE: In its session on 25 June 2021, the Bundesrat gave its approval to the Act to Modernise Corporate Income Tax Law. The Bundesrat thus followed the recommendation of the Finance Committee. The law is should enter into force on 1 January 2022.

    Kategorien: Official Pronouncements

    Schlagwörter: Corporation tax, tax group, Exchange rat ...
19. 12. März 2021

    Tax loss of value of shares following the opening of insolve ...

    If the shareholder's right of membership in a domestic stock corporation (AG) lapses because the AG is dissolved, wound up and deleted from the register as a result of insolvency, the shareholder incurs a taxable loss if he does not receive his contribution back in full or in part.

    Kategorien: Supreme Tax Court cases, Tax & Legal New ...

    Schlagwörter: insolvency, value impairment, Loss utili ...
20. 23. Februar 2021

    No tax effect on income of deceased shareholder after retroa ...

    The Supreme Tax Court held that a merger with retrospective tax effect does not lead to a merger profit for a former and meanwhile deceased shareholder of a limited company even if the shares were acquired gratuitously after the effective (retroactive) tax transfer date.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: merger profit, retroactive merger, decea ...
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