06.12.2020 RETT: Change of shareholders in real estate partnership The Supreme Tax Court has granted a taxpayer’s appeal against a real estate transfer tax assessment on the grounds that an indirect change in the shareholdings in the members of a real estate partnership was less than a complete change of interest in the partnership. With its decision the court has confirmed its case law regarding share transactions made prior to the enactment of the Tax Amendment Act 2015. Categories: Supreme Tax Court casesKeywords: change of shareholders, indirect shareho ...
01.12.2020 Retroactive financial integration in case of change in share ... A continuous and retroactive financial integration is also possible where a change in shareholder takes place during the year. The Lower Tax Court of Duesseldorf held that a fiscal unity or tax consolidation group for corporation income tax may be established already for the whole year in which the exchange of shares took place. In its judgement the court disagrees with the tax authorities’ official opinion on this issue. The Supreme Tax Court is now in charge and must finally decide the dispute. Categories: Tax CourtKeywords: retroactive change, change of shareholde ...
16.05.2017 Curtailment of loss relief for companies in part unconstitut ... The German Constitutional Court held that the rules for curtailment of loss relief on change of shareholders to be in breach of the formal provisions of the constitution under the principle of equal treatment insofar as changes of more than 25% and up to 50% of the shares in a company within a period of five years are concerned. Categories: PwC ReportsKeywords: Loss relief, curtailment of losses, chan ...
21.09.2016 Loss carry back in case of change in shareholding during the ... The Lower Tax Court of Muenster held that losses incurred during the year in which a harmful change in shareholding took place can be carried back to the previous tax year. Categories: Supreme Tax Court casesKeywords: loss carry-back, change of shareholders, ...
04.02.2016 Loss forfeiture exemption for troubled businesses rejected The ECJ has upheld a Commission ruling to the effect that the exemption from the provision for loss forfeiture on change of shareholders for troubled companies being rescued constitutes unlawful state aid. Categories: From EuropeKeywords: loss forfeiture, change of shareholders, ...
24.07.2013 Exemption from loss cancellation on change of shareholders m ... The ECJ has held that a Finnish exemption from a loss forfeiture provision on the change of shareholders would be state aid if the authorities may apply it with discretion and would require Commission approval if the details of the scheme have substantially changed since Finland’s accession in 1995. Categories: From EuropeKeywords: loss cancellation, loss forfeiture, chan ...
12.02.2013 Pre-accession relief rule applicable until Commission rules ... The advocate general on an ECJ case on special case exemption from a loss curtailment provision has suggested the court hold the exemption rule to be of pre-accession provenance and thus not to be disapplied as unauthorised state aid unless and until the Commission has come to that conclusion on the basis of a properly completed formal proceeding. Categories: From EuropeKeywords: Loss relief, curtailment of losses, chan ...
15.10.2012 No abuse in sale of worthless debt to new shareholder The Supreme Tax Court has allowed a manoeuvre effectively avoiding forfeiture of a loss carry-forward on change of shareholder through the sale of a worthless shareholder loan to a new shareholder followed by recovery from the injection of new capital. Categories: Supreme Tax Court casesKeywords: worthless debt, forfeiture of a loss, ch ...
