Suchergebnisse für: `share-acquisition` (12 gefunden)

1. 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 aid.

   Kategorien: From Europe

   Schlagwörter: loss forfeiture, troubled businesses, il ...
2. 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.

   Kategorien: Official Pronouncements

   Schlagwörter: share acquisition, loss forfeiture, hidd ...
3. 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 ...
4. 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.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: loss carry-back, change of shareholders, ...
5. 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.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: loss carry forward, share acquisition, s ...
6. 02. Juli 2024

   RETT: No protection of legitimate expectation in case of ind ...

   In a most recent decision, the Supreme Tax Court commented on the tax situation of an indirect unification of shares through intermediary partnership in 2012 with respect to the relevant holding for establishing its interest in the related real-estate holding company. The court further held that there is no protection of legitimate expectations with respect to the tax effects of a subsequent judgment of the Supreme Tax Court in 2017.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: share transfer, Protection of legitimate ...
7. 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.

   Kategorien: PwC Reports

   Schlagwörter: portfolio dividend
8. 28. September 2022

   Allowable depreciation after acquisition of share in asset-m ...

   According to a ruling of the Supreme Tax Court, the shareholder (partner) of an asset-managing partnership who has acquired his share for a consideration, can claim depreciation on the jointly owned depreciable assets on a pro rata basis and only in accordance with his acquisition costs and the remaining useful life of the respective asset at the time the share was acquired.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: Asset & Wealth Management, partnership, ...
9. 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.

   Kategorien: From Europe

   Schlagwörter: loss forfeiture, change of shareholders, ...
10. 07. November 2025

    Losses incurred prior to harmful acquisition may be carried ...

    The Supreme Tax Court decided that negative income from the financial year in which a harmful acquisition of shares within the meaning of Section 8c Corporation Tax Act takes place is not completely barred as it still can be offset (carried back) against income from the previous year to the extent the losses were incurred prior to the harmful share transfer.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: loss carry-back, harmful share acquisiti ...
11. 26. Juni 2025

    Update: General Court annuls Commission’s decision on Spanis ...

    The General Court invalidates the Commission’s decision declaring the Spanish tax scheme on the deduction for indirect acquisitions of shareholdings in foreign companies unlawful.

    Kategorien: From Europe

    Schlagwörter: share acquisition, illicit state aid
12. 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).

    Kategorien: Supreme Tax Court cases

    Schlagwörter: Upstream merger, Loss utilisation, anti- ...