Schlagwörter: cum-ex (7 gefunden)

1. 30. Juni 2025

   What about cum-ex/ cum-cum? The state of play

   The investigations regarding cum-ex and cum-cum transactions are continuing with a focus to uncover the intricate structures and recovering tax losses. Progress is being made but there are also several challenges, particularly regarding the statute of limitations and the elimination of evidence. In response to a question from the party Die Linke, the German government has commented on the current state of affairs.

   Kategorien: Official Pronouncements

   Schlagwörter: cum-ex
2. 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
3. 22. April 2024

   Recovery of withholding tax credited in the course of „cum/e ...

   The Hamburg Tax Court decided that the withdrawal of the refund or the credit of withholding tax in the wake of cum-ex schemes due to fraudulent misrepresentation is also possible if a third party committed the fraud.

   Kategorien: Tax Court

   Schlagwörter: cum-ex
4. 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
5. 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: cum-ex, beneficial owner, dividend strip ...
6. 16. März 2022

   Bundesrat: Draft Bill Organised Tax Evasion

   The draft bill is being (re-)introduced to combat serious tax evasion executed via organised -"gang"- structures. The current law is limited to organised evasion of VAT and excise duties.

   Kategorien: Legislation

   Schlagwörter: cum-ex, Tax evasion, organised crime
7. 03. Dezember 2020

   Germany: Higher penalties for organized tax evasion?

   The representatives of the German provinces (the upper chamber of parliament - Bundesrat) would like higher penalties for organized tax evasion and further suggest improving the investigation of such crimes. On 27 November 2020 the upper chamber decided to introduce a corresponding bill in the German Bundestag to amend the German Fiscal Code.

   Kategorien: From Europe

   Schlagwörter: cum-ex, Tax evasion, penalty