Categories: Tax & Legal News (90 found)

  1. 04.08.2025

    The Supreme Tax Court considers the double assessment of rea ...

    In an interim decision, dated 9 July 2025 (II B 13/25 (AdV) and published on 31 July 2025, the Supreme Tax Court considered it doubtful, following a summary examination, that in cases where the contractual acquisition transaction (signing) and the transfer of the shares (closing) take place at different times, real estate transfer tax can be assessed twice – namely once upon signing under Section 1(3) No. 1 of the German Real Estate Transfer Tax Act (“RETTA)” (signing) and once upon closing under Section 1(2b) RETTA – if the tax office is aware at the time of assessment for the signing that the closing has already occurred.

    Categories: Supreme Tax Court cases, Tax & Legal New ...
    Keywords: real estate transfer tax, unification of ...
  3. 24.07.2025

    Taxation of carried interest under the DTA between the USA a ...

    The right to tax carried interest (i.e. the additional share of profits disproportionate to the capital invested) is vested in the country of residence either under Art. 21(1) Double Tax Agreement-USA (“DTA-USA”) (Other Income) or under Art. 13(5) DTA-USA (Capital Gains) if the corresponding income constitutes income from asset management and not income from business activities. In a recent decision, the Schleswig-Holstein Tax Court ruled on the treaty qualification of the carried interest received by a German resident shareholder (the intervenor) of a limited liability company established under the law of the US state of Delaware with its registered office and place of management in the US (the claimant).

    Categories: Tax & Legal News, Tax Court
    Keywords: double tax treaty, business income, part ...
  4. 17.07.2025

    The new law on defective resolutions for partnerships under ...

    With the entry into force of the Act for the Modernisation of Partnership Law (“MoPeG”) on 1 January 2024, the legislators fundamentally reformed the rules regarding defective resolutions for commercial partnerships (OHG, KG, GmbH & Co. KG). Sections 109–115 of the German Commercial Code (HGB) contain for the first time detailed provisions on resolution procedures and the judicial enforcement of resolution defects.

    Categories: Tax & Legal News, Legislation
    Keywords: partnership, legislation
  5. 04.07.2025

    Inheritance Tax Gift Tax Act: Increases in the value of shar ...

    In its decision of 6 June 2025 (II B 43/24 (AdV)) the Supreme Tax Court held that, upon summary examination, it was seriously doubtful whether contributions made by a shareholder to the capital reserve of a limited liability company (GmbH) lead to a taxable increase in the value of the shares of the co-shareholders within the meaning of Section 7(8) Sentence 1 of the Inheritance Tax and Gift Tax Act (“IHTGTA”) if the shareholders agree that the contributions are to be allocated to the contributing shareholder.

    Categories: Supreme Tax Court cases, Tax & Legal New ...
    Keywords: corporation, inheritance and gift tax
  7. 17.04.2025

    No constitutional concerns regarding late-payment penalties ...

    In a most recent decision in relation to a request to suspend a tax payment, the Supreme Tax Court confirmed the constitutionality of the rate of the late- payment penalties because of the rise in interest rates that began with the start of the war in Ukraine. According to the Court, at least since March 2022, there are no longer any serious doubts about the constitutionality of the statutory regulation on the amount of late-payment surcharges.

    Categories: Supreme Tax Court cases, Tax & Legal New ...
    Keywords: tax interest, penalty surcharge
  9. 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 ...
  10. 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 ...
  12. 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 ...
  17. 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
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Björn Viebrock

Björn Viebrock

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Düsseldorf

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