18.08.2023 Loss from the sale of minority share to spouse no abuse of l ... The review to determine the taxpayer’s intention at making a profit for income to qualify as business income under Section 17 German Income Tax Act must be with regard to the taxpayer's entire shareholding in the corporation. An isolated analysis based on the single business share sold is not possible. In its current ruling, the Supreme Tax Court also comments on the question of abuse of rights with the intention to create tax losses in a case of increased acquisition costs because of a (paid) premium. Categories: Supreme Tax Court casesKeywords: business income, Sale of shares, abuse o ...
18.06.2014 Tax-free gains on sale of shares are net of direct costs of ... The Supreme Tax Court has held that the tax-free gain on the sale of shares is net of direct costs of sale. The additional disallowance of 5% of the tax-free amount is to cover indirect costs. Categories: Supreme Tax Court casesKeywords: Sale of shares, tax-free gain, direct co ...
10.01.2012 Sale of shares as sale of business The finance ministry has issued a decree to the effect that the sale of shares in a company can be non-VAT-able as the sale of a business, if the subsidiary meets the economic integration qualification for joining a VAT group with the acquirer. Categories: Official PronouncementsKeywords: Sale of shares, VAT group, sale of busin ...
15.06.2011 Undistributed reserves ignored for capital gain on sale of s ... The Supreme Tax Court has held that the capital gain on the sale of shares is the difference between the historical acquisition cost and the net proceeds received. Categories: Supreme Tax Court casesKeywords: capital gain, Sale of shares
14.03.2011 No input tax deduction on sale of less than full share capit ... The Supreme Tax Court has held that the sale of less than 100% of the share capital of a subsidiary cannot rank as the sale of a business. The transaction is a VAT-free sale of shares and the input tax on the associated costs is not deductible. Categories: Supreme Tax Court casesKeywords: Sale of shares, sale of assets, sale of ...
