02.12.2024 No income tax on redemption of a right to usufruct in GmbH s ... In a most recent decision, the Supreme Tax Court held that the termination of the right to usufruct is a non-taxable transaction if the holder of the right to usufruct over shares in a private limited company (GmbH) is not also the economic owner of the shares in the GmbH. Categories: Supreme Tax Court casesKeywords: share transfer, economic ownership
04.10.2022 Transfer of economic ownership in case of licensing of film ... According to the Supreme Tax Court the principles developed for leasing agreements regarding the attribution of economic ownership cannot be applied fully and without reservations to the transfer of the use of film rights. Categories: Supreme Tax Court casesKeywords: film, economic ownership, distribution r ...
22.03.2017 No economic ownership of lessee in case of a sale-and-lease ... A mere put option by the lessor at a favorable price does not necessarily lead to the attribution of economic ownership of the assets to the lessee. In its judgment the Supreme Tax Court once more confirms that economic ownership must be determined on a case-by-case basis. Categories: Supreme Tax Court casesKeywords: Sale and Leaseback, put option, economic ...
03.01.2017 Depreciation of wind turbines not before transfer of risk Tax depreciation for wind turbines presupposes economic ownership of the asset. A change in economic ownership requires that any risks are transferred to the purchaser/customer. Categories: Supreme Tax Court casesKeywords: wind farm, wind turbine, depreciation, e ...
