17. Oktober 2012 Employee withholding tax 2013 The finance ministry has issued two decrees on the procedures to be followed during 2013, the introductory period for the online administration and reporting of employee wage withholding tax. Kategorien: Official PronouncementsSchlagwörter: withholding tax, employee, wage, ELStAM
09. Juli 2013 Withholding tax exemption on dividends on shares held in ban ... The finance ministry has announced the arrangements for claiming withholding tax exemption under the EU Parent/Subsidiary Directive on dividends on shares held in the custody of a bank. Kategorien: Official PronouncementsSchlagwörter: withholding tax, dividend, Parent/Subsid ...
14. November 2013 Salary fraud free of payroll withholding tax The finance ministry has issued a decree on the application to similar cases of a Supreme Tax Court judgment holding that a fraudulent salary increase was not a salary and that the tax office should return the withholding tax paid over without cause. Kategorien: Official PronouncementsSchlagwörter: salary fraud, payroll withholding tax
07. August 2012 Royalty withholding tax on net income of EU creditor The ECJ has held that the withholding tax on a royalty paid to a corporation in another EU country may not be more than the corporation tax rate applied to the income less the directly related costs. Kategorien: Supreme Tax Court casesSchlagwörter: withholding tax, royalty
21. Oktober 2011 Germany’s dividend withholding tax hinders free movement of ... In a case brought by the Commission, the ECJ has held that Germany’s withholding tax on dividends to other corporations is in breach of community law in that it discourages persons from other member states from investing in Germany. Kategorien: From EuropeSchlagwörter: free movement of capital, dividend withh ...
28. September 2011 Withholding tax treaty with Switzerland signed The finance ministry has published the text of a treaty signed with Switzerland to ensure German level withholding tax on investment income, whilst protecting those who choose to move their undeclared funds to a third country. Germany continues to broadly accept Swiss banking secrecy. Kategorien: PwC ReportsSchlagwörter: withholding tax, Switzerland, treaty
05. September 2012 No withholding tax on payment to Austrian agency for broadca ... The Supreme Tax Court has held that a payment to an Austrian agency for the right to broadcast sporting events is not subject to withholding tax as a payment to the athlete(s) appearing. Kategorien: Supreme Tax Court casesSchlagwörter: Artist, athlete, broadcasting
22. November 2012 Dividend withholding tax does not disadvantage foreign pensi ... The ECJ has rejected a claim by the Commission that the German withholding tax on gross dividends discriminates against foreign pension funds, because the Commission did not substantiate the expenses excluded from deduction. Kategorien: From EuropeSchlagwörter: pension fund, dividend withholding tax, ...
19. Juli 2016 No deduction of foreign withholding tax in case of abuse Dividend withholding tax paid by a foreign intermediary company may not be deducted from the taxable income of the local shareholder of a German company if the entire arrangement is abusive and if, therefore, the dividend income is to be allocated to the German shareholder. Kategorien: Supreme Tax Court casesSchlagwörter: abuse, foreign tax relief, deduction of ...
11. April 2019 Final confirmation - Online advertising not subject to withh ... The Federal Ministry of Finance has officially clarified in a circular published in April that fees or remunerations paid for the placement of online advertising are not subject to German withholding tax under Section 50a paragraph 1 No. 3 Income Tax Act. Kategorien: Official PronouncementsSchlagwörter: witholding tax, online advertising
20. Januar 2021 Tax & Legal Newsflash - German draft bill on the modernizati ... On January 20, 2021, the German Government adopted the draft bill on the modernization of the relief from withholding taxes and the certification of withholding tax paid (“Abzugsteuerentlastungsmodernisierungsgesetz; AbzStEntModG). Kategorien: Tax & Legal NewsflashSchlagwörter: Steuern / Tax
31. März 2022 ECJ: Withholding tax on notional interest in case of interes ... In a Bulgarian case the European Court of Justice (ECJ) held that EU law does not preclude national legislation imposing withholding tax on notional market-based interest (mandated under local tax anti-avoidance rules). Such withholding tax cannot be exempt under the regimes of the IRD (EU Interest - Royalty Directive 2003/49/EC) and the PSD (EU Parent-Subsidiary Directive 2011/96/EU) as there have been no actual payments of interest. Kategorien: European Court of JusticeSchlagwörter: notional tax, interest-free loan, notion ...
28. November 2017 Limited taxpayers: withholding tax on cross-border licensing ... At the beginning of November 2017 the Federal Finance Ministry published the long-awaited circular on its intended application of the rules (Section 50a Income Tax Act)applying to limited taxpayers and withholding tax on cross-border licensing of software and databanks. Kategorien: Official PronouncementsSchlagwörter: International Tax, administrative princi ...
24. November 2017 German exclusion from withholding tax relief in conflict wit ... The German anti- treaty shopping rule denying full or partial relief from withholding tax, as otherwise prescribed under a double tax treaty or applicable EU directive, is questioned by the Lower Tax Court of Cologne as being in violation of community law. The question has been referred to the ECJ in number of cases. Kategorien: Supreme Tax Court cases, From EuropeSchlagwörter: dividend withholding tax, treaty relief, ...
13. August 2021 Credit of Canadian withholding tax on dividends also for tra ... The Regional Tax Court of Hesse held that withholding tax levied in Canada on dividends distributed by a Canadian corporation to a German corporation should be credited against German trade tax. The tax authorities have in the meantime launched an appeal against this judgment and the case is now pending before the Supreme Tax Court for final clarification. Kategorien: Tax CourtSchlagwörter: withholding tax, foreign tax credit, tra ...
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 JusticeSchlagwörter: portfolio dividend, documentation requir ...
22. März 2022 Portuguese dividend withholding tax for foreign UCITS in bre ... Does the free movement of capital require a Member State to tax non-resident and resident investment vehicles according to the same tax system? This is the question raised in the request for a preliminary ruling submitted to the European Court of Justice (ECJ) by the Portuguese tax court (Tax Arbitration Tribunal). Contrary to the Opinion of the Advocate General the ECJ decided that the withholding tax on dividends paid to non-resident Undertakings for Collective Investments in Transferable Securities (UCITS) is in violation with current EU Law. Kategorien: European Court of JusticeSchlagwörter: UCITS, portuguese dividend withholding t ...
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 CourtSchlagwörter: foreign tax credit, foreign withholding ...
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 CourtSchlagwörter: withholding tax refund, canadian pension ...
03. Februar 2016 Investment income withholding tax update The finance ministry has reissued its slightly modified regulations to be followed by those responsible for deducting tax on investment income at source. Kategorien: Official PronouncementsSchlagwörter: investment income, witholding tax
