Tax & Legal

Categories: All (3 found)

1. 17.10.2022

   Trade tax: Dividend income exemption also in case of double ...

   According to a decision of the Supreme Tax Court, the dividend income exemption for trade tax on qualifying shareholdings is also available for distributions of companies of foreign legal form with its statutory (registered) seat abroad, provided the foreign company is comparable to a German corporation, has its place of management in Germany and therefore maintains a permanent establishment there.

   Categories: Supreme Tax Court cases

   Keywords: dividend exemption, trade tax addback
2. 01.12.2021

   Dividend exemption under double tax treaty or abuse of legal ...

   The distribution of profits by a Luxembourg subsidiary (in the legal form of a SARL) to its German parent company (a partnership limited by shares – KGaA) may be an abuse of legal forms where the KGaA provided SARL with a loan and shortly thereafter waived repayment, thereby putting SARL in a position to actually make the profit distribution. Even more when the losses arising from the impairment of the value of SARL because of the distribution are to be used by the shareholders in a tax-effective manner.

   Categories: Tax Court

   Keywords: dividend exemption, abuse of legal forms ...
3. 05.01.2011

   Intercorporate dividends from Norway confirmed as tax-free

   The finance ministry has confirmed its interpretation of the Norwegian DTT to the effect that dividends received by a German company on a holding of 25% or more are free of German taxation.

   Categories: Official Pronouncements

   Keywords: double tax treaty, Intercorporate divide ...