Categories: Supreme Tax Court cases (625 found)

1. 21.02.2025

   Bribes confiscated under criminal law reduce VAT basis

   In a most recent judgment, the Supreme Tax Court held that bribes confiscated under criminal law reduce the VAT basis of the respective turnover affected under criminal law. A tax that has already been assessed must be corrected at the time of collection in accordance with Section 17 (1) sentence 1 VAT Act.

   Categories: Supreme Tax Court cases

   Keywords: bribes, assessment basis
2. 18.02.2025

   RETT: Transfer of ownership and unification of shares in a f ...

   In a most recent decision, the Supreme Tax Court held that the unification of shares resulting from the transfer of shares in a property-owning corporation to a Dutch foundation is not exempt from real estate transfer tax pursuant to Section 5 (1) RETT Act if the comparison of legal types reveals that the legal structure of the foundation is not comparable to a joint ownership under German law.

   Categories: Supreme Tax Court cases

   Keywords: unification of shares, foreign foundatio ...
3. 17.02.2025

   Allocation of employment income of airline pilot under Doubl ...

   According to a most recent decision of the Supreme Tax Court, the income from employment of a pilot resident in Germany and who is employed in international air traffic by a Swiss-based company is only exempt from German income tax (subject to progression) to the extent that he performs his activity on Swiss soil and in Swiss airspace in accordance with the principle of territoriality.

   Categories: Supreme Tax Court cases

   Keywords: airlines, income from employment
4. 12.02.2025

   Trade tax treatment of the sale of a partnership share with ...

   In a recently published decision, the Supreme Tax Court held that the profit from the sale of a limited partnership share which is proportionally encumbered with an atypical sub-participation is fully subject to trade tax.

   Categories: Supreme Tax Court cases

   Keywords: Sale of shares, limited partnership
5. 10.02.2025

   Disallowance of flat rate holding discount when determining ...

   When valuing an unlisted share in a corporation for gift tax purposes a constant flat-rate holding markdown is not acceptable. The market value of an unlisted share in a corporation can only be derived from sales between third parties if the sales take place in the normal course of business and in accordance with ongoing market principles, the Supreme Tax Court said in a most recent judgment.

   Categories: Supreme Tax Court cases

   Keywords: valuation, market value
6. 07.02.2025

   Waiver of loan by shareholder of a corporation in return for ...

   One of the issues of dispute before the tax courts was if the waiver of a claim by a shareholder of a corporation in return for a debtor warrant should be taken into account at the time of the waiver or later if it is certain that the condition subsequent will no longer occur. According to the decision of the Supreme Tax Court, the ensuing loss in the case from the waiver is to be considered for tax purposes already at the time of the waiver. This results in negative income from capital investments in the amount of the non-recoverable receivable. The Supreme Tax Court further revealed on how it sees qualified subordinated debt and interest for refinancing of the loan to be treated in the hands of a shareholding managing director.

   Categories: Supreme Tax Court cases

   Keywords: waiver, losses
7. 03.02.2025

   Administrative and consolidated group costs of a holding com ...

   The Supreme Tax Court decided that a commercial partnership holding a share in a corporation as its sole activity in order to generate dividend income which is partially tax-exempt in accordance with Section 3 No. 40 Income Tax Act can deduct its ongoing administrative and consolidated group costs only in part because they are economically related to the partially tax-exempt income as defined in Section 3c (2) Sentence 1 Income Tax Act.

   Categories: Supreme Tax Court cases

   Keywords: tax exemption, expense deduction, direct ...
8. 31.01.2025

   Membership fees for gym not deductible as extraordinary pers ...

   The Supreme Tax Court decided that expenses for a gym membership are generally not tax deductible as personal extraordinary and inevitable expenses. This also applies if the participation in a medically prescribed functional training program requires a membership in the gym.

   Categories: Supreme Tax Court cases

   Keywords: membership, personal allowances
9. 29.01.2025

   No trade tax addback of expenses for planning and booking of ...

   The Supreme Tax Court has decided that the expenses incurred by a special outdoor advertising agency for the provision of advertising media by corresponding advertising media providers (out-of-home advertising) did not meet the requirements for trade tax add-back pursuant to Section 8 no. 1 letters f or d Trade Tax Act.

   Categories: Supreme Tax Court cases

   Keywords: agency, trade tax addback, outdoor adver ...
10. 27.01.2025

    No extended trade tax deduction if entire property is sold d ...

    According to a judgment of the Supreme Tax Court, the extended trade tax deduction pursuant to Section 9 No. 1 Sentence 2 of the Trade Tax Act is not available if a corporation has sold all of its real estate one day before the end of the assessment period (in the case of dispute: “at the beginning of 31 December”) because it was not exclusively and continuously active in real estate management during the whole assessment period.

    Categories: Supreme Tax Court cases

    Keywords: sale of property, extended trade tax ded ...
11. 27.01.2025

    RETT: New shareholders in case of indirect change in shareho ...

    In a most recent judgment, the Supreme Tax Court sees no taxable event within the meaning of Section 1 (2a) sentence 1 of the Real Estate Transfer Tax Act (regarding the taxation of a consolidation of shares) if a partnership holding an indirect interest in the real estate-owning partnership is interposed in the shareholder structure and where the shareholders themselves remain unchanged.

    Categories: Supreme Tax Court cases

    Keywords: change of shareholders, real estate comp ...
12. 17.01.2025

    Free transfer of company shares to ensure company succession ...

    According to a recent judgment of the Supreme Tax Court, the gratuitous transfer of shares to senior employees to secure continuity in succession is not taxable as income from employment. The court further noted that there was no automatic presumption that a share transfer to an employee was made in consideration for employee services rendered.

    Categories: Supreme Tax Court cases

    Keywords: employee benefit, employee shares
13. 17.01.2025

    Compensation payment for premature termination of interest s ...

    The Supreme Tax Court held that the compensation payment for the early abandonment of an interest rate swap is to be taxed as a separate item, rather than as part of the results of the main transaction.

    Categories: Supreme Tax Court cases

    Keywords: compensation payment, interest swap
14. 16.01.2025

    Special up-front leasing payment to be allocated over the te ...

    In a most recent decision, the Supreme Tax Court held that the actual costs for business mileage with a leased car in case of an up-front lease payment must be allocated to the individual assessment periods during the term of the lease agreement.

    Categories: Supreme Tax Court cases

    Keywords: car leasing, mileage log
15. 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
16. 10.01.2025

    Reimbursement of tax on loss of earnings is subject to incom ...

    In a most recent decision, the Supreme Tax Court held that the income tax payable on the compensation for loss of earnings which was subsequently reimbursed by the tortfeasor (injuring party) is subject to income tax in the hands of the injured party.

    Categories: Supreme Tax Court cases

    Keywords: compensation payment, extraordinary inco ...
17. 27.12.2024

    Merger with retroactive tax effect: No offset of profits fro ...

    According to a recent judgment of the Supreme Tax Court, Section 2 (4) sentence 3 of the Reorganization Tax Act also prevents offsetting positive income generated during the retroactive period by the transferring legal entity with a loss carry-back of the acquiring legal entity from the following (post-merger) year.

    Categories: Supreme Tax Court cases

    Keywords: loss carry-back, retroactive merger
18. 27.12.2024

    No access to files under the General Data Protection Regulat ...

    Section 2a (5) no. 2 of the German Fiscal Code states that the provisions of the General Data Protection Regulation (GDPR) apply accordingly to information relating to identified or identifiable corporations. The GDPR does not contain a right to the inspection of files, the Supreme Tax Court said in a most recent decision.

    Categories: Supreme Tax Court cases

    Keywords: Personal data, Data Protection
19. 24.12.2024

    Trade tax add-back of advertising expenses

    In a most recent decision, the Supreme Tax Court held that the rental of advertising mediums paid by a service company might be added back for trade tax purposes provided the assets were to be fixed assets had the company itself been the owner.

    Categories: Supreme Tax Court cases

    Keywords: trade tax addback
20. 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
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