Suchergebnisse für: `tax-refund` (24 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, documentation, refun ...
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. 10. Juni 2024

   Withdrawal of tax credit in the wake of alleged cum-ex schem ...

   If it has been revealed during an external tax audit that a large portion of dividend payments from shares were part of so-called short sales and thus the withholding of capital gains tax appears doubtful (here: as being in connection with cum-ex trading), the tax office is entitled to revoke the tax credit granted earlier and reclaim the tax refund from the taxpayer. This was decided by the Tax Court of Hesse following a complaint regarding the suspension of payment.

   Kategorien: Tax Court

   Schlagwörter: cum-ex, Capital gains taxation
4. 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 refunds
5. 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
6. 11. Juni 2023

   Payment of interest on tax levied in breach of EU law

   If a tax privilege which is optional under EU law was wrongfully not granted, and where the taxpayer therefore was forced to make advance tax payments, interest is payable on the eventual tax refund claim. This was decided by the Supreme Tax Court in a case where the tax office refused to apply the reduced electricity tax rate on the quantity of electricity drawn in respect of the plaintiff’s own consumption.

   Kategorien: Supreme Tax Court cases, European Court ...

   Schlagwörter: refund claim, interest period
7. 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 ...
8. 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
9. 12. Juli 2022

   Italian withholding taxes on dividends distributed to foreig ...

   The Italian Supreme Court issued seven important judgments in which it ruled that Italian withholding taxes levied on dividends distributed to a German investment fund and six US investment funds are in violation of the EU principles on the free movement of capital (Article 63 (TFEU).

   Kategorien: PwC Reports

   Schlagwörter: investment funds, withholding tax refund
10. 26. April 2012

    Foreign corporate shareholder has claim on refund of dividen ...

    The Supreme Tax Court has followed an ECJ case in holding that a foreign corporate shareholder may claim from the local tax office a refund of the tax deducted at source from its dividend.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: withholding tax, refund, dividend
11. 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 ...
12. 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, ...
13. 05. Juni 2022

    Free movement of capital inapplicable in case German company ...

    In a most recent decision, the Regional Tax Court of Düsseldorf dismissed the claim of a Japanese corporation for a refund of withholding tax on the grounds that the case was within the scope of the EU principles for freedom of establishment which the plaintiff, being a resident of a third country, could not invoke.

    Kategorien: Tax Court

    Schlagwörter: free movement of capital, freedom of est ...
14. 26. März 2022

    No claim for refund of withholding tax for Canadian pension ...

    The Regional Tax Court of Munich rendered its final decision in the case of the College Pension Plan of British Columbia which is a pension fund in the legal form of a trust under Canadian law. The court held that the pension fund is not entitled to relief from withholding tax on dividends from domestic portfolio holdings. The court saw no violation of the free movement of capital. This judgment was preceded by a decision of the European Court of Justice (ECJ) as a result of a preliminary request submitted by the Munich tax court.

    Kategorien: Tax Court

    Schlagwörter: withholding tax refund, canadian pension ...
15. 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, ...
16. 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 ...
17. 25. März 2022

    Documentation requirements for refund of withholding tax on ...

    In his Opinion of 20 January 2022, the Advocate General (AG) suggests to the European Court of Justice (ECJ) that Germany’s requirements for withholding tax claims filed by non-resident corporate taxpayers with seat or place of management in the EU or EEA are too strict in two respects and thus in violation of Article 63 TFEU on the free movement of capital.

    Kategorien: European Court of Justice

    Schlagwörter: portfolio dividend, documentation, withh ...
18. 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 ...
19. 16. Mai 2025

    Interest on withholding tax levied in breach of EU law

    Foreign companies as shareholders that are eligible for a refund of withholding tax in accordance with Art. 5 of the Parent-Subsidiary Directive are entitled to interest under EU law if the refund of the tax amounts is withheld from them in violation of EU law or if - for the same reason - tax is withheld from the outset. This was decided by the Supreme Tax Court in a recent judgment.

    Kategorien: Supreme Tax Court cases

    Schlagwörter: tax interest, withholding tax refund
20. 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 ...
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