Tax & Legal

Current developments and relevant innovations in the subject area of taxes & law in English.

Categories: All (1615 found)

  1. 14.01.2025

    Service providers to report crypto-asset transactions as of ...

    To adopt the EU requirements on automatic exchange of information under Directive for Administration Cooperation (DAC) to extend to the reporting by crypto-asset service providers on transactions (transfer or exchange) of crypto-assets, the Federal Ministry of Finance (MoF) published a draft bill for a DAC8 Implementation Act (DAC8-draft) on 4 November 2024 which is to come into force on 1 January 2026.

    Categories: Legislation
    Keywords: reporting obligation, crypto transfer
  2. 14.01.2025

    Notice of a tax assessment to a dissolved partnership

    The validity of an assessment notice on the separate and uniform determination of the tax bases (profit assessment notice) for 2013 which was issued after a partnership had been fully terminated was in dispute before the tax courts. In its most recent decision, the Supreme Tax Court disagreed with the view of the tax court of first instance who has held that a profit assessment notice issued to a fully terminated partnership is always null and void.

    Categories: Supreme Tax Court cases
    Keywords: assessment procedures, assessment basis
  4. 03.01.2025

    MoF: Revised allocation formula for input VAT deduction of f ...

    Towards the end of 2024 the Federal Ministry of Finance (MoF) commented in some detail on the input VAT deduction for credit institutions. The ministerial pronouncement focuses on the attribution of input transactions to output transactions and the relevant input VAT allocation in accordance with Section 15 (4) VAT Act. Another focus of the MoF circular is on cross-border structures and specifically the services between local branches and their foreign head office and vice versa.

    Categories: Official Pronouncements
    Keywords: banking service, input VAT deduction
  8. 20.12.2024

    Update: Former coalition parties to agree on a light version ...

    Social Democrats (SPD), the Green Party (Bündnis 90/Die Grünen) and the Liberals (FDP) have unexpectedly agreed on the implementation of selected measures from the Act for the Further Development of Tax Law (Tax Development Act) already before the early general election in February 2025. Politically highly controversial initiatives, above all the planned introduction of a national reporting obligation for tax structures, are not part of this settlement.

    Categories: Legislation
    Keywords: Tax Reporting, child benefit
  9. 20.12.2024

    Tax & Legal Newsflash

    On December 19, 2024, the European Court of Justice (CJEU) held, that it breaches the free movement of capital under Art. 63 TFEU, if WHT is refunded only to residents being in a loss-making position whereas a refund is not granted to non-residents being in a foreign loss-making position (case C-601/23, Credit Suisse Securities (Europe) Ltd. vs. Diputación Foral de Bizkaia). This judgment confirms, on the hand, the validity of the decision in the Sofina case (C-575/17, November 22, 2018) for which it was unclear whether it established general principles of CJEU jurisprudence for the future. On the other hand, the current judgment extends the Sofina principles to cases where WHT is also withheld on dividends paid to domestic recipients.

    Categories: Legislation, Tax & Legal Newsflash
    Keywords: Gesetzgebung, legislation
  10. 19.12.2024

    ECJ: A holding by purely financial investors in a law firm m ...

    In its decision today the European Court of Justice (ECJ) held that a Member State (here: Germany) may prohibit holdings by purely financial investors in the capital of a law firm. Such a restriction on the freedom of establishment and the free movement of capital is justified by the objective of ensuring that lawyers can exercise their profession independently and in compliance with their professional conduct obligations.

    Categories: European Court of Justice
    Keywords: law firm
  12. 16.12.2024

    Changes of shareholders in a property-owning partnership

    When determining whether a corporation with a direct interest in the partnership owning real estate is considered a new shareholder within the meaning of Section 1 (2a) sentence 4 of the Real Estate Transfer Tax Act because at least 90% of the shares are transferred to new shareholders, only the shareholding in the corporation must be taken into account. In a most current judgment, the Supreme Tax Court held that a previous participation of the new shareholder of the corporation in the partnership owning the real estate is irrelevant in this respect.

    Categories: Supreme Tax Court cases
    Keywords: limited partnership, real property
  13. 16.12.2024

    ECJ: Input VAT deduction on intragroup administrative servic ...

    Following a preliminary request from Romania, the European Court of Justice (ECJ) had to deal with the refusal of the local tax authorities on the right to input VAT deduction if services are not used for taxable transactions. Specifically, it refers to the VAT deduction for intercompany consultancy and administrative services with a supplier located in a country different than Romania.

    Categories: European Court of Justice
    Keywords: input VAT deduction, intracompany transa ...
  14. 10.12.2024

    EU Council introduces electronic VAT exemption certificate

    Today, the Council of the EU reached a political agreement on a new directive paving the way for the introduction of an electronic tax certificate for VAT exemptions. The directive will provide for an electronic certificate to replace the existing paper certificate that is used when goods are to be exempt from VAT, for example because they are imported for embassies, international organizations, or armed forces.

    Categories: From Europe
    Keywords: VAT Exemption, electronic data
  16. 09.12.2024

    German Pillar 2 Tax Amendment Act published

    On 5 December 2024, the Federal Ministry of Finance published a second draft of the German Pillar 2 Tax Amendment Act (hereinafter referred to as “the draft act”) for feedback by 31 January 2025 as part of the consultation process. In addition to the aspects already included in the first draft [Newsflash, March 21, 2023], this second draft includes further amendments – inter alia – by implementing the OECD Administrative Guidance from June 2024. Furthermore, the draft act foresees that other provisions concerning international taxation are to be repealed. These include inter alia the license barrier rule under Sec. 4j of the German Income Tax Act, a rule foreseeing the non-deduction of so-called special business expenses according to Sec. 4i German Income Tax Act and the CFC taxation rule ...

    Categories: Legislation, Tax & Legal Newsflash
    Keywords: Gesetzgebung, Pillar Two
  17. 09.12.2024

    No VAT free sale of entire business if continued for the ben ...

    The proceeds from the sale of a self-contained business are not subject to VAT provided the sale includes all assets necessary for the purchaser to continue the operation. In a most recent decision, the Supreme Tax Court held that this only applies to services provided between the transferor and the transferee and does not include transactions that are supplied to third parties.

    Categories: Supreme Tax Court cases
    Keywords: VAT-free, sale of business
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Björn Viebrock

Björn Viebrock

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Düsseldorf

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