Tax & Legal

Categories: All (3 found)

1. 25.11.2024

   Restrictions for amendment of tax assessment under Section 5 ...

   The correction of a final tax assessment notice pursuant to Section 50d (8) sentence 2 of the German Income Tax Act is only possible if – contrary to the provision in the double tax treaty - the employment income of an unlimited taxpayer has been wrongly included in the income tax assessment by omitting to produce proper documentation as required in Section 50d (8) Income Tax Act. It follows from this decision of the Supreme Tax Court that the possibilities of amending tax assessment under Section 50d (8) sentence 2 Income Tax Act are strictly limited and only apply in exceptional cases.

   Categories: Supreme Tax Court cases

   Keywords: documentation, correction of assessments
2. 21.06.2022

   Tax exemption under a double tax treaty - amendment after as ...

   In a recent ruling, the Münster Tax Court had to decide on the income tax and treaty law treatment of a severance payment received by the plaintiff as a soldier in the British armed forces

   Categories: Tax Court

   Keywords: double tax treaty, tax exemption, correc ...
3. 06.02.2020

   No correction of incorrect income tax assessment in the even ...

   The Supreme Tax Court held in its ruling of 10 December 2019 (IX R 23/18) that a final tax assessment can no longer be corrected by the tax office under Section 129 of the German Tax Code (“GTC” - obvious errors while issuing administrative acts) if the incorrect assessment of a capital gain whisch was correctly declared by the taxpayer under 17 of the German Income Tax Act was not based on a mere "mechanical error".

   Categories: Supreme Tax Court cases

   Keywords: General Tax Code, assessment procedures, ...