Suchergebnisse für: `tax-refund` (15 gefunden)

1. 17. Juni 2022

   German withholding tax refund requirements for non-resident ...

   The German rules on the procedure and documentation requirements for withholding tax refunds to non-resident portfolio shareholders are not compatible with the EU principles on the free movement of capital, as the European Court of Justice (ECJ) said in a most recent decision.

   Kategorien: European Court of Justice

   Schlagwörter: portfolio dividend, refund claim, docume ...
2. 10. August 2011

   Reverse charge VAT entitles foreign business to full input t ...

   The Supreme Tax Court has held that a foreign business required to file a VAT return for the year, does so for the full year. Its input tax can therefore be recovered in full.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: input tax, VAT refund, reverse charge
3. 12. Februar 2014

   Interest on tax refunds taxable

   The Supreme Tax Court has held that interest received on a tax refund due is taxable income despite the non-deductibility of interest payable on an outstanding liability.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: interest, refund claim, tax refund
4. 06. August 2014

   Energy tax rebate for aircraft not dependent upon official r ...

   The Supreme Tax Court has held that an aircraft operator qualifies for energy tax refund on the fuel used for flying goods and freight for group companies even if it does not hold a licence to operate an airline.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: refund, aircraft, airlines, energy tax
5. 22. März 2019

   Input VAT claims and Brexit

   Prior to the announcement on 21 March 2019 that Brexit may be postponed until either 12 April 2019, 22 May 2019 or possibly later, the British tax and customs authorities (HMRC) issued guidance on 18 March 2019 on the changes to VAT IT systems in the event of the United Kingdom leaving the EU on 29 March 2019 without a deal.

   Kategorien: Official Pronouncements, From Europe

   Schlagwörter: Brexit, input VAT, input VAT refund proc ...
6. 31. Mai 2022

   Update: Cum-ex trading is tax evasion

   In its decision of 28 July 2021, the Federal Court of Justice held that claiming a refund or credit of withholding tax in the wake of cum-ex schemes is a criminal act of tax evasion. The proceeds obtained in these illegal transactions and the benefits derived therefrom may be collected.

   Kategorien: Tax Court

   Schlagwörter: cum-ex, Tax evasion
7. 16. Oktober 2014

   No forgiveness of interest in view of compensating adjustmen ...

   The Supreme Tax Court has held that a taxpayer cannot claim forgiveness of the interest due on the tax payment following a transfer pricing adjustment on the grounds that an associated company had no claim for interest receivable on the corresponding adjustment in its home country.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: interest, transfer pricing adjustment, f ...
8. 12. April 2012

   Retroactive taxation of interest on refunds of non-deductibl ...

   In 2010 the Supreme Tax Court changed its position and ruled that interest on refunds of non-deductible taxes to be tax-free. In the meantime the court has again been invited to decide whether the subsequent retroactive change in law by the German tax administration to restore the old situation is in line with the constitution.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: interest, refund, Retroactive taxation, ...
9. 06. Februar 2020

   No correction of incorrect income tax assessment in the even ...

   The Supreme Tax Court held in its ruling of 10 December 2019 (IX R 23/18) that a final tax assessment can no longer be corrected by the tax office under Section 129 of the German Tax Code (“GTC” - obvious errors while issuing administrative acts) if the incorrect assessment of a capital gain whisch was correctly declared by the taxpayer under 17 of the German Income Tax Act was not based on a mere "mechanical error".

   Kategorien: Supreme Tax Court cases

   Schlagwörter: General Tax Code, assessment procedures, ...
10. 30. November 2021

    Federal Constitutional Court: Inadmissible review of norm r ...

    In a decision published on 26 November 2021, the Federal Constitutional Court (Bundesverfassungsgericht,) declared as inadmissible a referral by the Supreme Tax Court (Bundesfinanzhof) regarding Section 3 of the Solidarity Surcharge Act 1995 as amended on October 15, 2002 (SSA, 1995).

    Kategorien: Constitutional Court

    Schlagwörter: solidarity surcharge, corporate income t ...
11. 10. November 2021

    Foreign tax credit possible even if several options to reduc ...

    The regional tax court of Rhineland-Palatinate had to decide whether, in the case of a right to choose between two methods of reducing foreign withholding tax, the taxpayer must ensure that foreign taxes are credited in as small an amount as possible. The regional tax court is of the opinion that it is at the discretion of the taxpayer if and how to use the option to which he is entitled and that this does not have an adverse impact on the general possibility of a foreign tax credit against his German income tax liability.

    Kategorien: Tax Court

    Schlagwörter: foreign tax credit, foreign withholding ...
12. 17. März 2022

    Cum-ex deal rejected by Supreme Tax Court for want of benefi ...

    In a recently published decision, the Supreme Tax Court dealt with so-called cum-ex share transactions. In its judgment the court rejected a "business concept" that sought to "exploit" uncertainties in the clear economic allocation of shares in such a way that withholding tax once withheld might be credited or refunded by the tax authorities twice or even more times.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: beneficial ownership, cum-ex, dividend s ...
13. 18. August 2021

    Statutory interest rate levied on late payment or refund of ...

    In a decision on two joint cases published today the Constitutional Court decided that interest incurred on late payment of taxes (back taxes) and the interest paid for tax refunds pursuant to Sections 233a and 238(1) sentence 1 of the German Fiscal Code is not in line with the German Constitution insofar as the interest rate is set at 0.5% per month and for interest periods from 1 January 2014.

    Kategorien: Constitutional Court

    Schlagwörter: statutory interest rate, late payment in ...
14. 08. Februar 2022

    German Federal Ministry of Finance (MoF) published two circu ...

    On January 27, 2022, the German Federal Ministry of Finance (MoF) published two circulars in relation to the royalty limitation rules.

    Kategorien: Official Pronouncements

    Schlagwörter: royalties, royalty limitation rules, nex ...
15. 28. Dezember 2020

    German Bundesrat approved Finance Bill 2020

    In its plenary session of 18 December 2020 the Bundesrat approved the Finance Bill 2020.

    Kategorien: Legislation

    Schlagwörter: Annual Tax Act 2020, Finance Bill