20. Juni 2022 Update: Traffic Light Coalition Agreement On November 24, the SPD, the Greens and FDP concluded their coalition talks. The party membership of the three parties have yet to approve the Coalition Agreement. Members of the Green party can vote on the Coalition Agreement and the proposals for personnel in the ten days following 24 November 2021. Kategorien: Tax & Legal NewsSchlagwörter: Income tax, Business taxation, coalition ...
12. Mai 2022 Federal Ministry of Finance publishes circular on the income ... On 11 May 2022, the German Federal Ministry of Finance (MoF) published a circular on the income taxation of virtual currencies and other tokens in coordination with the Supreme Tax Authorities of the German Federal States. Kategorien: Official PronouncementsSchlagwörter: virtual currencies, Income tax
30. März 2022 UPDATE: Federal Ministry of Finance publishes Tax Relief Bil ... Following the release on 23 February 2022 by the Committee of the Coalition Government of a paper entitled “10 Steps to Relieve our Country”, the Federal Ministry of Finance published the draft Tax Relief 2022 bill on 2 March 2022. Kategorien: Official Pronouncements, LegislationSchlagwörter: Income tax, tax relief, coal
22. März 2022 Capital gain on sale of "garden house" used by taxpayer for ... Where real estate is sold within ten years of acquisition, the gain realized is subject to taxation. Real estate that was used exclusively for the taxpayer's own residential purposes in the period between acquisition and sale is exempt. According to the Supreme Tax Court in its ruling of 26.10.2021 ( IX R 5/21) such privileged use also occurs where the taxpayer permanently occupies a "garden house" (fully connected to the relevant utilities) in violation of building law. Kategorien: Supreme Tax Court casesSchlagwörter: Real Estate, Income tax, residential bui ...
17. Februar 2022 Fourth Corona Tax Relief Act - Draft Bill - UPDATE!! The German Federal Ministry of Finance has presented the draft bill for a fourth act implementing tax relief measures to address the Corona crisis (Fourth Corona Tax Relief Act) the following tax measures,inter alia, are envisaged: Kategorien: Official Pronouncements, LegislationSchlagwörter: Coronavirus (COVID-19), Loss relief, Inc ...
09. Dezember 2021 Federal Ministry of Finance : Circular on Tax Measures aimed ... Further extension of the procedural tax relief regulations. Kategorien: Official PronouncementsSchlagwörter: Coronavirus (COVID-19), Income tax, corp ...
31. Mai 2021 Taxation of statutory retirement pensions not unconstitution ... Although both of the plaintiffs lost their cases before the Supreme Tax Court, the current ruling has far-reaching consequences for future generations of pensioners, such as those now in their mid-40s. In both of its decisions, the court provided concrete guidelines on how double taxation of pensions must be avoided in the future. Kategorien: Supreme Tax Court casesSchlagwörter: retirement pension, Income tax
14. Mai 2021 No taxation of bogus income from a Ponzi scheme in the case ... In a recent ruling, the Supreme Tax Court held that the deemed settlement of final withholding tax under Section 43 (5) Sentence 1, Half-Sentence 1 Income Tax Act (ITA) also applies if the tax has been withheld by the debtor (payer) of the investment income, but not declared and paid over to the tax office. As a result, investment income from a fraudulent pyramid scheme is in principle no longer to be included in the income tax base. Kategorien: Supreme Tax Court casesSchlagwörter: withholding tax, investment income, Inco ...
08. Mai 2019 Sky subscription for German football league games may consti ... The Supreme Tax Court has ruled the expenses of a football trainer for a Sky subscription to German football league (“Bundes League”) games may be treated as tax-deductible expenses from self-employed income. The appellant was a full-time trainer of goal keepers working in licensed football. Kategorien: Supreme Tax Court casesSchlagwörter: intangible assets, Income tax, tax´- ded ...
29. Januar 2019 Payments-on-account received by a insolvency practitioner do ... Where an insolvency practitioner prepares an annual balance sheet, his claim to a payment-on- account is to be treated as a part of the final fee and does not lead to a realisation of profits upon receipt. Kategorien: Supreme Tax Court casesSchlagwörter: partnership, payments on account, Income ...
11. Januar 2019 Double tax treaties: recognition of losses from a Belgian pe ... Section 50d (9) Income Tax Act (ITA) excludes a tax exemption in Germany under a double tax treaty where, inter alia, the income is not taxed in the other treaty state. Kategorien: Supreme Tax Court casesSchlagwörter: anti-avoidance, International Tax, Incom ...
25. Mai 2018 Federal Finance Ministry circular on the tax treatment of sa ... The Federal Finance Ministry circular of 12 November 2014 on the taxation of salaries for tax treaty purposes has been revised by a committee made up of from both the Federal and the States’ governments. Kategorien: Official PronouncementsSchlagwörter: double tax treaty. model treaty, Income ...
23. Mai 2018 Pensions paid abroad subject to limited tax liability A limited tax liability on payments by the German State pension fund to a resident of Canada is not nullified by the tax treaty. Kategorien: Supreme Tax Court casesSchlagwörter: tax treaty, pensions, Income tax, limite ...
08. Mai 2018 Principle of deemed single uniform compensation Where an employer contractually obliges himself to make several payments to an employee in connection with a termination of employment, the payments will only be considered as a single uniform compensation payment if there is clear evidence that all instalments were paid "as compensation for lost income or expected loss of income". Kategorien: Supreme Tax Court casesSchlagwörter: damages, compensation, Income tax, emplo ...
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 ...
13. November 2017 Commercial transactions between friends; recognition of loss ... On 8 November 2017 the Supreme Tax Court published a decision made on 9 May 2017 on a case involving a gratuitous share transfer between friends, where the transferor had significant acquisition costs. The Court held that the presumption of a commercial transaction is not rebutted purely because a friendship exists between the contracting parties. Kategorien: Supreme Tax Court casesSchlagwörter: share transfer, arm's length, Income tax
13. Oktober 2017 Bundesrat reacts positively to exchange of information for t ... At its sitting on 22 September 2017 the Bundesrat (Federal Council/upper house) expressly welcomed the proposal for an amendment of Council Directive 2011/16/EU on administrative cooperation in the field of taxation to impose a reporting obligation on cross-border schemes. It has long been a demand of the Bundesrat that rules on reporting obligations be introduced. Kategorien: Official Pronouncements, From Europe, Le ...Schlagwörter: Private Wealth, BEPS, Corporation tax, t ...
12. Oktober 2017 Referral to Federal Constitutional Court: trade tax on the ... The First Senate of the Federal Constitutional Court heard arguments on the constitutionality of a provision in the Trade Tax Act, according to which trade tax was levied on the sale of business interests. The case has opened up a question of principle with regard to trade tax. Kategorien: Constitutional CourtSchlagwörter: trade tax, Income tax
