17.12.2015 Selling costs of realising partially taxable capital gains t ... The finance ministry has decreed that the selling costs of investments leading to a partially taxable gain are to be set against the taxable portion only. Categories: Official PronouncementsKeywords: capital gain, significant shareholding, ...
11.06.2015 Non-deductible loss on investment can include exchange loss The ECJ has held that if a country excludes capital gains and losses on investments from taxation, the exclusion may also extend to that part of the loss that directly resulted from exchange rate fluctuations. Categories: From EuropeKeywords: capital gain, loss on investment, exchan ...
16.04.2015 Roll-over relief provision infringes EU freedom of establish ... The ECJ has held the roll-over relief provisions allowing deferral of the tax charge on a capital gain from the sale of business property to infringe the freedom of establishment inasmuch as they require reinvestment of the gain in a replacement asset in Germany. Categories: From EuropeKeywords: capital gain, roll-over relief, business ...
01.04.2015 Capital gain holding period runs to date of binding agreemen ... The Supreme Tax Court has held that the ten-year holding period for exempting a gain on sale of privately held property runs to the date the agreement to sell the property is binding on both parties regardless of any as yet unfulfilled condition subsequent. Categories: Supreme Tax Court casesKeywords: capital gain, property, holding period
25.04.2014 Shares sold to be specifically identified by serial numbers The Supreme Tax Court has held that shares sold from a mixed holding should be identified from their serial numbers. GmbH shares sold should be identifiable from the contract. Categories: Supreme Tax Court casesKeywords: capital gain, shares sold, serial number ...
26.02.2014 Loss on sale of variable interest bond can only be offset ag ... The Supreme Tax Court has held that the pre-2009 loss on the sale of a bond with a floating interest rate could only be offset against capital gains on the sale of investments in the same or in future years. Categories: Supreme Tax Court casesKeywords: capital gain, bond, floating interest
23.01.2014 German rule on taxation of hidden reserves on contribution o ... The ECJ has upheld a German rule providing for immediate taxation (but with a deferral option) of the capital gain inherent in the excess of the market over the book value of a business transferred to a corporation in exchange for shares where as a result of the transaction Germany would lose the right to tax the gain on any subsequent sale of the shares. Categories: From EuropeKeywords: capital gain, hidden reserves, contribut ...
05.07.2012 Sale of partnership share subject to trade tax if coincident ... The Supreme Tax Court has held that the sale of a partnership share is subject to trade tax if the tax effective dates of sale and of its acquisition of the business of its GmbH subsidiary through merger are identical. Categories: Supreme Tax Court casesKeywords: capital gain, trade tax, merger
26.04.2012 Supreme Tax Court doubts on 1999/2000 "significant holding" The Supreme Tax Courts has expressed serious doubts on the definition of a “significant holding” leading to an income tax charge on a gain on sale in 1999 and 2000. Categories: Supreme Tax Court casesKeywords: capital gain, significant holding, gain ...
07.09.2011 Supplementary amount on change to tonnage tax is trading inc ... The Supreme Tax Court has dismissed a claim by a retiring partner that his supplementary tonnage tax charge due be privileged as a form of capital gain on disposal of his partnership share. Categories: Supreme Tax Court casesKeywords: capital gain, tonnage, trading income
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
06.04.2011 No deduction for private currency speculation losses before ... The Supreme Tax Court has refused a taxpayer a deduction for a series of short-term losses incurred through speculating in foreign currencies. Categories: Supreme Tax Court casesKeywords: investment income, capital gain, foreign ...
09.03.2011 Interest of British property LLP taxed in Germany as interes ... The Supreme Tax Court has held that the interest income of a German-owned limited partnership in England is taxable in Germany as interest, and not exempt as trading income. The capital gain on the sale of the property is not exempt as taxable in the UK, merely because of the capital allowance claw-back. Categories: Supreme Tax Court casesKeywords: capital gain, interest, property, limite ...
02.03.2011 No bad debt deduction on tax-free sale of shares The Supreme Tax Court has held that irrecoverable proceeds from the tax-free sale of shares reduce the tax-free gain and are not a deductible bad debt. Categories: Supreme Tax Court casesKeywords: capital gain, bad debt
02.03.2011 Ring transfer of shares to realise losses not abusive The Supreme Tax Court has held that a concerted sales action by shareholders among themselves to realise losses was not abusive despite unchanged holding ratios. Categories: Supreme Tax Court casesKeywords: capital gain, ring share transfer, compe ...
27.01.2011 Share exchange on merger at nominal value releases hidden re ... The Supreme Tax Court has held that a share exchange at nominal value leading to a transfer of hidden reserves abroad triggers a taxable capital gain for the transferring shareholder. Categories: Supreme Tax Court casesKeywords: capital gain, hidden reserves, Share exc ...
