Tax & Legal

Categories: All (3 found)

1. 25.10.2023

   Taxation of foreign passive income in case of potential doub ...

   Pursuant to the claim for interim relief in the form of a suspension from payment the Supreme Tax Court decided that the taxation of foreign passive income pursuant to Secs. 7 et seq. Foreign Tax Act of a corporation domiciled in Hong Kong is not in serious doubt with respect to the free movement of capital and under constitutional law.

   Categories: Supreme Tax Court cases

   Keywords: foreign passive income
2. 12.03.2019

   ECJ: Passive income attribution from controlled companies re ...

   The European Court of Justice has held that the German provision for the taxation of  controlled company income from invested capital from outside the EU might fall under the “grandfather” clause of Art 64 TFEU, provided the German legislation has remained substantially unchanged since that date. It is now for the Supreme Tax Court to decide finally whether this is the case.

   Categories: European Court of Justice

   Keywords: standstill clause, foreign passive incom ...
3. 18.01.2019

   Trade tax: foreign passive income attribution

   Two decisions of the Baden-Württemberg Tax Court have been published in connection with the attribution of foreign passive income for trade tax purposes. In these decisions the Court also raises doubts as to whether the add-back of this type of foreign income is compatible with EU law.

   Categories: Tax Court

   Keywords: trade tax, CFC, trade tax deduction, for ...