02.07.2024 RETT: No protection of legitimate expectation in case of ind ... In a most recent decision, the Supreme Tax Court commented on the tax situation of an indirect unification of shares through intermediary partnership in 2012 with respect to the relevant holding for establishing its interest in the related real-estate holding company. The court further held that there is no protection of legitimate expectations with respect to the tax effects of a subsequent judgment of the Supreme Tax Court in 2017. Categories: Supreme Tax Court casesKeywords: share transfer, Protection of legitimate ...
01.07.2024 Constitutionality of the loss set-off restriction for forwar ... In the summary review required during suspension proceedings under Section 69 (3) of the German Tax Court Code, the loss set-off restriction for forward transactions/futures under Section 20 (6) Sentence 5 of the German Income Tax Act (ITA) in the version of the Finance Act 2020 of 21 December 2020 (Federal Law Gazette I 2020, 3096) is incompatible with Article 3 (1) of the German Constitution. This was decided by the Supreme Tax Court in a ruling published on 27 June 2024. Categories: Supreme Tax Court cases, Tax & Legal New ...Keywords: Futures, losses, loss curtailment, Incom ...
28.06.2024 Calculation of tax-free bonus for night shifts The bonus paid to employees for work performed outside regular working hours (here: during the night-shift) that are remunerated separately must be determined based on the salary paid to the employee for regular working hours and not on the remuneration for the night-shift. Categories: Supreme Tax Court casesKeywords: night work, employee taxation
25.06.2024 Update: Flat-rate energy price allowance subject to income t ... According to a recent decision of the Münster Tax Court the energy price allowance paid to employees in 2022 is taxable as income from employment. Section 119 para. 1 sentence 1 Income Tax Act, as contested by the plaintiffs, is not unconstitutional. Categories: Supreme Tax Court casesKeywords: energy tax, income from employment
21.06.2024 ドイツにおける資本収益税免税・還付手続きのドイツ連邦中央税務 ... 2024年4月2日付のドイツ連邦政府からの回答によると、資本収益(配当)に対するドイツの資本収益税の免除証明書ならびに軽減税率適用証明書の発行が遅延していることが明らかになりました。ドイツ連邦政府から得られたドイツ連邦中央税務局(BZSt)の処理状況について解説するとともに、在独日系企業への影響を考察します。 Categories: Japan Business Network (JBN) NewsflashKeywords: Japan
21.06.2024 Federal Social Court unexpectedly rules in favour of the obl ... In a recent judgement, the Federal Social Court confirmed the German Pension Insurance of Oldenburg-Bremen’s opinion and thus overturned the decisions of the lower courts. At the heart of the case was the question of whether expenses for an office anniversary celebration, which amounted to more than EUR 110 per employee and was only subjected to flat-rate taxation on a date well after the pay slip was issued, were subject to social security contributions. Categories: Tax & Legal NewsKeywords: social security, lump sum, social securi ...
21.06.2024 Access for taxpayers to personal data information pursuant t ... In a recent decision, the Supreme Tax Court commented for the first time on the requirements and scope of the right to information under the General Data Protection Regulation. Categories: Supreme Tax Court casesKeywords: Data processing, Data Protection
19.06.2024 欧州のサイバーセキュリティに関する法令、NIS2指令とは NIS指令はEUのネットワーク・情報システムのセキュリティレベル向上を目指して、2016年に成立、施行された法令です。しかしNIS指令では、EU域内において各国が国境を越えたサービスを提供する中で、加盟国によって求めるセキュリティ対策のレベルが異なることから、一部の加盟国がサイバー脅威に対して脆弱になり、その影響がEU全体に波及する可能性があります。そのため、加盟国間の大きな相違を解消することを目的にNIS指令が廃止され、新たにNIS2指令へと改正されることとなりました。 Categories: Japan Business Network (JBN) NewsflashKeywords: Japan
18.06.2024 Federal Ministry of Finance: Draft circular on mandatory ele ... On 14 June 2024, the Federal Ministry of Finance (MoF) published a draft circular on the introduction of mandatory electronic invoicing for transactions between domestic businesses from 1 January 2025. Categories: Official PronouncementsKeywords: electronic invoice
17.06.2024 Trade tax addback of portfolio dividends in 2001 tested befo ... After the European Court of Justice had answered the preliminary request submitted by the Supreme Tax Court on the subject of trade tax addback of foreign portfolio dividends in the year 2001, the latter continued to suspend the appeal and now referred the matter to the Constitutional Court. It should be ascertained whether the transitionary regulation, which had been introduced with the replacement of the imputation system in 2001 with the half-charge to income tax, contravenes the principles of legitimate expectations laid down in Article 20 (3) of the Basic Law. Categories: Supreme Tax Court casesKeywords: trade tax addback
14.06.2024 ECJ: No fixed establishment of German company on the basis o ... The European Court of Justice held that a German resident company (limited partnership) has no establishment for VAT purposes in Romania under a service contract with a Romanian group company. The court also addressed the question of the place of performance under the circumstances in the case referred. Categories: European Court of JusticeKeywords: permanent establishment (PE), Place of s ...
14.06.2024 Federal Ministry of Finance circular on VAT taxation of publ ... In a detailed circular dated 12 June 2024, the Federal Ministry of Finance has commented on the input tax deduction by legal entities under public law operating as businesses. Categories: Official Pronouncements, Tax & Legal New ...Keywords: VAT Act
13.06.2024 Data protection: Council agrees position on GDPR enforcement ... The Council of the EU reached an agreement on a common member states’ position on a new law which will improve cooperation between national data protection authorities when they enforce the General Data Protection Regulation (GDPR). Categories: From EuropeKeywords: Data Protection
12.06.2024 Japanese tax update : Update on new JCT platform taxation ru ... This newsletter provides a summary of the Japanese consumption tax (‘JCT’) platform taxation rules provided under the amendments to the Act. Categories: Japan Business Network (JBN) NewsflashKeywords: Japan
11.06.2024 ECJ: Commission must pay interest on fines unduly imposed in ... The European Court of Justice decided today that the Commission must pay interest on fines it has unduly imposed in competition matters and which it has provisionally collected. That interest is intended to compensate, at a standard rate, the undertaking concerned for the loss of the amount in question. Categories: European Court of JusticeKeywords: interest, fine, compensation
11.06.2024 No application of loss forfeiture rules for losses allocated ... The loss forfeiture rules of Section 8c of the Corporation Tax Act in the version valid for 2014 are not applicable to deductible losses which are allocated to a corporation as partner of a limited partnership pursuant to Section 15a Income Tax Act. With this decision, the Supreme Tax Court contradicts the view of the tax administration. Categories: Supreme Tax Court casesKeywords: partnership income, Loss relief
10.06.2024 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. Categories: Tax CourtKeywords: cum-ex, Capital gains taxation
10.06.2024 No obligation to use the special electronic mailbox for law ... In a recently published decision, the Supreme Tax Court held that a law firm in the legal form of a limited liability company (GmbH) acting as representative of the claimant was not obliged to use the mandatory electronic legal communication system when submitting an appeal to the tax authorities before 1 August 2022. Categories: Supreme Tax Court casesKeywords: telecommunications, electronic data
07.06.2024 Federal Cabinet approves government draft of the Finance Act ... At its meeting on 5 June 2024, the Federal Cabinet adopted a government draft for the Finance Act 2024 (FA 2024). Despite numerous revisions, the material amendments from the original draft from 8 May 2024 have been limited. The main changes are shown in italics and red in the following summary of the government draft in italics and red. Categories: Official Pronouncements, Tax & Legal New ...Keywords: Real Estate, trade tax, General Tax Code ...
06.06.2024 ECJ: Tenderer to claim damages if unlawfully excluded from p ... In its judgment today the European Court of Justice held that current EU-law contravenes a national legislation or a national practice which excludes the possibility for a tenderer who has been unlawfully excluded from a procedure for the award of a public contract to be compensated for the loss suffered because of the loss of the opportunity to participate in that procedure with the intention to obtain the contract concerned. Categories: European Court of JusticeKeywords: damages, public sector