Schlagwörter: related party (3 gefunden)

1. 25. Januar 2018

   Gift Tax : Benefit provided to person related to a sharehold ...

   The Supreme Tax Court decided in three separate cases that the payment of excessive consideration under the terms of a contract between a GmbH and a party related to the shareholder is not a partial gift by the GmbH, if the shareholder was involved in the conclusion of the contract between the GmbH and the related party. In such a case the benefit granted arises from corporate relationship between the GmbH and the shareholder. With these decisions the Supreme Tax Court has changedn its earlier jurisprudence on this question.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: Private Wealth, donations, related party ...
2. 21. August 2013

   Related party by ownership despite restrictions on exercise ...

   The Supreme Tax Court has held that internal or other restrictions on the excise of ownership rights do not obviate an association by common shareholding of more than 25%. It has also held that the application of the transfer pricing documentation rules to cross-border transactions only is, while discriminatory, justified by the need to protect tax revenue.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: related party, transfer pricing, common ...
3. 02. Januar 2013

   No transfer pricing adjustment for breaches of formality

   The Supreme Tax Court has rejected a tax office assessment attempt on the basis of a hidden distribution of profits because of a delay in agreeing management charges in writing, saying that the double tax treaty related party provision bases the arm’s length standard on amount, rather than on the reason for, or documentation, of a transaction.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: related party, transfer pricing, managem ...