Categories: Tax & Legal News (82 found)

1. 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 ...
2. 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 News

   Keywords: social security, lump sum, social securi ...
3. 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
4. 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 ...
5. 22.03.2024

   Bundesrat approves the Mediation Committee compromise on the ...

   On 22 March 2022, after tough negotiations, the Bundesrat (Federal Council) approved the compromise reached by the Mediation Committee on the text of the Act to Strengthen Growth Opportunities, Investment and Innovation as well as Tax Simplification and Fairness (Growth Opportunities Act).

   Categories: Official Pronouncements, Tax & Legal New ...

   Keywords: trade tax, Income Tax Act, Growth Opport ...
6. 11.03.2024

   No right to erase personal data from the Associations Regist ...

   The Cologne Higher Regional Court decided on 3 May 2023 that a former chairman of the board of a registered association has no right to have his personal data deleted from the Associations Register.

   Categories: Tax & Legal News, Legislation

   Keywords: Personal data, Data Protection
7. 27.02.2024

   Growth Opportunities Act: Dispute to continue despite compro ...

   In its session of 21 February 2024, the Mediation Committee of the Bundestag and Bundesrat concluded its negotiations in relation to the Act to Strengthen Growth Opportunities, Investment, and Innovation as well as Tax Simplification and Fairness

   Categories: Official Pronouncements, Tax & Legal New ...

   Keywords: Corporation tax, trade tax, Income Tax A ...
8. 10.01.2024

   Federal Government launches "Second Budget Financing Act"

   The Federal Government has introduced the Second Budget Financing Act. Among other things, the law provides for a higher air traffic tax from 2024, sanctions in relation to the so-called citizen's income (“Bürgergeld”) and the gradual phasing out of subsidies for agricultural diesel.

   Categories: Tax & Legal News, Legislation

   Keywords: legislation
9. 08.01.2024

   Financing for the Future Act introduces SPACs into German la ...

   On 14 December 2023, the Financing for the Future Act (Zukunftsfinanzierungsgesetz, ZuFinG) entered into force. The law contains numerous new features and changes to German stock corporation law, such as the (re-)introduction of dual-class shares and crypto share (for details, see our blog of 8 December 2023). Importantly, the ZuFinG also introduces the so-called "Börsenmantelaktiengesellschaft", which brings in the model of Special Purpose Acquisition Companies (SPACs) into German law.

   Categories: Tax & Legal News, Legislation

   Keywords: Public Companies Act
10. 20.12.2023

    Financing for the Future Act - Significant Changes (also) to ...

    On 14 December 2023, the German Financing for the Future Act (Zukunftsfinanzierungsgesetz, ZuFinG) went into force. The law aims at promoting corporate financing via capital markets and making shares more attractive to the public.

    Categories: Tax & Legal News, Legislation

    Keywords: Corporate Governance, Public Companies A ...
11. 15.12.2023

    UPDATE: Update: Bundesrat approves introduction of a global ...

    On 10 November 2023, the Bundestag passed the draft bill submitted by the German government on the EU directive on global minimum taxation. The vote was based on a recommendation by the Finance Committee.

    Categories: Tax & Legal News, Legislation

    Keywords: anti-avoidance, global minimum tax, EU-D ...
12. 24.11.2023

    Bundesrat approves Future Financing Act

    On 24 November 2023, the Bundesrat (Federal Council) approved the Future Financing Act, which the Bundestag had passed just a few days earlier on 17 November 2023. The law can now be submitted to the Federal President for signature by the Federal Government and then published.

    Categories: Tax & Legal News, Legislation

    Keywords: Crowdfunding, Blockchain, employee taxat ...
13. 23.11.2023

    Bundestag approves Future Financing Act

    On Friday, 17 November 2023, the Bundestag passed the Federal Government's draft bill on financing future-proof investment.

    Categories: Tax & Legal News, Legislation

    Keywords: Blockchain, tax deferral, Income Tax Act
14. 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 ...
15. 17.11.2023

    Online form for filing obligations under the Tax Haven Defen ...

    An online form enabling the taxpayer to meet his extended duty to cooperate under Section 12 (2) of the Tax Haven Defence Act (in full “Act on Defence against Tax Avoidance and Unfair Tax Competition and amending other laws”) has been published on the homepage Federal Central Tax Office.

    Categories: Tax & Legal News

    Keywords: General Tax Code, Tax Haven Defence Act, ...
16. 14.11.2023

    Bundestag decides on Future Financing Act

    On Thursday, 16 November 2023, the Bundestag will vote on the Federal Government's bill to finance future-proof investments.

    Categories: Official Pronouncements, Tax & Legal New ...

    Keywords: Real Estate, investment funds, employee ...
17. 05.09.2023

    Federal Cabinet approves government draft of the Growth Oppo ...

    At its closed-door meeting in Meseberg on 30.8.2023, the Federal Cabinet adopted the government draft for a law to enhance growth opportunities, investment, and innovation as well as tax simplification and tax fairness (Growth Opportunities Act).

    Categories: Tax & Legal News, Legislation

    Keywords: Climate Change, interest limitation, RET ...
18. 12.07.2023

    Ministry of Finance publishes draft bill on the implementati ...

    On Monday, 10 July 2023, the Federal Ministry of Finance sent the draft bill for the implementation of the Directive to ensure a global minimum level of taxation for multinational enterprise groups and large domestic groups in the Union (so-called Minimum Taxation Directive Implementation Act – “Implementation Bill”) to the associations with the request for comment by 21 July 2023.

    Categories: Tax & Legal News, Legislation

    Keywords: Pillar Two, minimum taxation, EU-Directi ...
19. 10.07.2023

    Discussion draft for a law amending the Real Estate Transfer ...

    The Federal Ministry of Finance has sent the Federal States (“the Länder”) a draft bill to amend the Real Estate Transfer Tax Act for discussion. The main points of this bill are set out below: However, the draft may still be subject to changes in the discussion process or may even fail altogether.

    Categories: Tax & Legal News, Legislation

    Keywords: Real Estate, real estate transfer tax, s ...
20. 20.01.2023

    TP Perspectives – Newsflash 16. Dezember 2022

    On Friday, December 16, 2022, the German Federal Council approved the law already adopted by the German Parliament to implement Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation and modernizing the law on tax procedure.

    Categories: Tax & Legal News, Legislation

    Keywords: transfer pricing
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