Schlagwörter: economic ownership (5 gefunden)

1. 31. März 2025

   Economic ownership of shares assigned as collateral

   In a most recent decision, the Supreme Tax Court held that the shares transferred by way of security are attributable to the purchaser ( who is also the secured party) as of the date of transfer of ownership if the purchaser can legally and effectively exercise the material rights associated with the shares (in particular the sale and exercise of voting rights) and regardless whether the security event occurs.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: Collaterals / Sicherheiten, share transf ...
2. 02. Dezember 2024

   No income tax on redemption of a right to usufruct in GmbH s ...

   In a most recent decision, the Supreme Tax Court held that the termination of the right to usufruct is a non-taxable transaction if the holder of the right to usufruct over shares in a private limited company (GmbH) is not also the economic owner of the shares in the GmbH.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: share transfer, economic ownership
3. 04. Oktober 2022

   Transfer of economic ownership in case of licensing of film ...

   According to the Supreme Tax Court the principles developed for leasing agreements regarding the attribution of economic ownership cannot be applied fully and without reservations to the transfer of the use of film rights.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: film, economic ownership, distribution r ...
4. 22. März 2017

   No economic ownership of lessee in case of a sale-and-lease ...

   A mere put option by the lessor at a favorable price does not necessarily lead to the attribution of economic ownership of the assets to the lessee. In its judgment the Supreme Tax Court once more confirms that economic ownership must be determined on a case-by-case basis.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: Sale and Leaseback, put option, economic ...
5. 03. Januar 2017

   Depreciation of wind turbines not before transfer of risk

   Tax depreciation for wind turbines presupposes economic ownership of the asset. A change in economic ownership requires that any risks are transferred to the purchaser/customer.

   Kategorien: Supreme Tax Court cases

   Schlagwörter: wind farm, wind turbine, depreciation, e ...