Categories: Official Pronouncements (257 found)

  1. 09.09.2024

    Ministry of Finance: Tax treatment of incongruent distributi ...

    Following a judgment of the Supreme Tax Court, the tax authorities confirm that incongruent profit distributions - i.e. profit distributions that deviate from the share in the share capital or nominal capital - are in principle to be recognized for tax purposes. This requires that the corresponding dividend resolution is effective under civil law. In its current circular the Federal Ministry of Finance (MoF) explains in more detail the principles and special features of various constellations.

    Categories: Official Pronouncements
    Keywords: incongruent advance distribution
  5. 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 ...
  6. 05.06.2024

    Update: Federal Ministry of Finance publishes draft bill for ...

    On 17 May 2024, the Federal Ministry of Finance (MoF) sent a draft bill for the Finance Act 2024 (FA 2024) to the professional associations for comments by 24 May 2024. The draft has now also been published on the MoF website. The law is intended to implement changes to various areas of German tax law which need adjustment. The focus is on adjustments required by EU law and case law of the European Court of Justice (ECJ), the German Federal Constitutional Court, and the German Supreme Tax Court. Furthermore, follow-up amendments to previous legislative changes will be made. This blog summarises the key content. - Meanwhile the Federal Cabinet has approved the draft bill (see Update further below at the end of this post).

    Categories: Official Pronouncements, Legislation
    Keywords: real estate transfer tax, trade tax, Reo ...
  9. 16.02.2024

    Federal States Supreme Tax Authorities Identical Decrees: Ap ...

    In identical decrees issued by the Supreme Tax Authorities of the Federal States, the tax authorities comment upon the judgment of the Supreme Tax Court of 26 July 2022 (II R 25/20) and upon the underlying view that the option relief under Section 13a (10) Inheritance Tax and Gift Tax Act (or Section 13a (8) IHTA old version) can be exercised separately for each economic unit transferred. This applies to all open cases.

    Categories: Official Pronouncements
    Keywords: family business, inheritance and gift ta ...
  10. 15.12.2023

    Bundesrat approves a partial implementation of the Growth Op ...

    On 15 December 2023, the Bundesrat approved the partial implementation of the contents of the Growth Opportunities Act in the Act to Promote the Secondary Credit Market. This includes changes to the interest limitation rule and adjustments resulting from the introduction of the Act for the Modernisation of Partnerships.

    Categories: Official Pronouncements, Legislation
    Keywords: real estate transfer tax, thin capitalis ...
  11. 21.11.2023

    Bundestag approves Growth Opportunities Act

    On 17 November 2023, the Bundestag approved the Act to Strengthen Growth Opportunities, Investment, and Innovation as well as Tax Simplification and Fairness (Growth Opportunities Act) in the form recommended by its Finance Committee. The Act will be presented to the Bundesrat on 24 November 2023. It cannot currently be ruled out that the Bundesrat will convene the Mediation Committee to discuss individual provisions of the Act (the climate protection investment premium, in particular, will probably be discussed).

    Categories: Official Pronouncements, Tax & Legal New ...
    Keywords: Corporation tax, Income Tax Act, Growth ...
  12. 17.11.2023

    Allocation of trade tax in case of large battery storage sys ...

    On 13 November 2023, the German Federal Ministry of Finance (MoF) published identical decrees issued by the highest tax authorities of the German Federal States on the allocation of trade tax between municipalities in case of large-scale battery storage systems for storing wind and solar energy (according to the provisions set forth in Section 29 Trade Tax Act).

    Categories: Official Pronouncements
    Keywords: trade tax, renewable energy
  14. 07.11.2023

    Joint decrees: Attribution of real estate for the supplement ...

    On 16 October 2023, the long-awaited joint decrees (issued by the Supreme Tax Authorities of the Federal States) on the attribution of real estate for the purposes of the taxation of share deals (Section 1 (2a) to (3a) RETTA) became available. These adopt the previous case law of the Supreme Tax Court from 1 January 2021 (II R 44/18) and 14 December 2022 (II R 40/20) and illustrate the legal opinion with examples.

    Categories: Official Pronouncements
    Keywords: Real Estate, real estate transfer tax, R ...
  16. 22.09.2023

    TP Perspectives: New "Administrative Principles Transfer Pri ...

    On 6 June 2023, the Federal Ministry of Finance published its new principles for the correction of income pursuant to Section 1 External Tax Relations Act on its website. These are to be applied to all open cases with immediate effect. Only the chapter on relocation of functions is applicable to cases that are realised after 31 December 2021.

    Categories: Official Pronouncements, Transfer pricin ...
    Keywords: transfer pricing adjustment, Federal Min ...
  17. 29.08.2023

    Ministry of Finance: Tax treatment of profit participation r ...

    On 1 February 2022 the Federal Ministry of Finance (MoF) has sent the draft of a Ministry circular on the income tax treatment of profit participation rights (PPR) to the professional associations for comment. Following the results of the joint meeting of the heads of the corporate and personal income tax departments of the highest tax authorities of the federal states the MoF has published the final version of its circular on 12 April 2023.

    Categories: Official Pronouncements
    Keywords: profit participating right
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Björn Viebrock

Björn Viebrock

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Düsseldorf

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