Schlagwörter: exit tax (5 gefunden)

1. 04. Dezember 2019

   Waiver of exit tax upon return to Germany

   According to Section 6 (1) of the Foreign Taxes Act (FTA), where a taxpayer’s unlimited tax liability ceases through the taxpayer giving up his German residence/habitual abode, any material shareholdings held in his private property will be deemed as disposed of even without a sale and any capital gain on the deemed disposal will be taxable under Section 17 (1) of the Income Tax Act (ITA). Section 6 (3) FTA provides for this so-called exit tax to be subsequently waived in certain circumstances.

   Kategorien: Tax Court

   Schlagwörter: exit tax, waiver
2. 28. Februar 2019

   Expatriate exit taxation contravenes the Agreement for Free ...

   The ECJ held that the expatriate exit tax rule under Section 6 Foreign Tax Act contravened the principle of non-discrimination contained in the Agreement for the Free Movement of Persons between the EU and Switzerland.

   Kategorien: European Court of Justice

   Schlagwörter: exit tax, tax deferral, free movement of ...
3. 13. September 2012

   Corporate exit tax hinders freedom of establishment

   The ECJ has held the Portuguese taxation of the unrealised gains inherent in a company’s assets on change of corporate residence from Portugal to be an unjustified hindrance on the freedom of establishment.

   Kategorien: From Europe

   Schlagwörter: exit tax, unrealised gain
4. 29. November 2011

   Dutch exit tax excessively burdensome

   The ECJ has held the Dutch exit tax on the transfer of a company’s place of management to another member state to be excessively burdensome. It would be sufficient to allow establishment of the tax due on the unrealised gains at the time of departure, but to defer collection until the gains are realised.

   Kategorien: From Europe

   Schlagwörter: place of management, exit tax, unrealise ...
5. 08. September 2011

   Dutch exit tax excessively burdensome?

   An ECJ advocate general has suggested the court accept in principle the Dutch exit tax on business, but require deferment of the actual levy until the relevant assets are realised.

   Kategorien: From Europe

   Schlagwörter: hidden reserves, exit tax, final settlem ...