Tax & Legal

Current developments and relevant innovations in the subject area of taxes & law in English.

Categories: All (13 found)

  2. 16.10.2024

    MoF: Credit of foreign corporate tax under previous imputati ...

    In a most recent circular the Federal Ministry of Finance commented on the method of the foreign corporation tax credit under the formerly applicable German imputation system. The focus of the circular are two judgments of the European Court of Justice as regards the calculation and verification of the creditable corporation tax underlying a dividend from another EU country.

    Categories: Official Pronouncements
    Keywords: foreign tax credit, corporate income tax ...
  3. 01.02.2023

    Future expenses not to be included when calculating maximum ...

    When determining the amount of foreign withholding tax credit against German income or corporation tax, expenses for future earnings are not to be included in the calculation, which - in the case of dispute before the Supreme Tax Court- improved the plaintiffs tax credit potential. This decision of the Supreme Tax Court contrasts with the view held by the tax authorities.

    Categories: Supreme Tax Court cases
    Keywords: foreign tax credit
  4. 22.11.2022

    Accrual of foreign source income and foreign tax credit

    Part of the fee payable by the foreign client which is initially retained in anticipation of a potential foreign withholding tax liability of the German self-employed contractor is not immediately subject to income tax in the hands of the latter. According to a ruling of the Supreme Tax Court, the fee withheld is only subject to German income tax if the foreign customer settles the foreign (withholding)tax liability incurred on the total amount of the agreed fees.

    Categories: Supreme Tax Court cases
    Keywords: foreign tax credit, accruall, foreign wi ...
  5. 03.06.2022

    UPDATE: Credit of Canadian withholding tax on dividends also ...

    The Regional Tax Court of Hesse held that withholding tax levied in Canada on dividends distributed by a Canadian corporation to a German corporation should be credited against German trade tax. The tax authorities have in the meantime launched an appeal against this judgment and the case is now pending before the Supreme Tax Court for final clarification.

    Categories: Tax Court
    Keywords: withholding tax, foreign tax credit, tra ...
  6. 10.11.2021

    Foreign tax credit possible even if several options to reduc ...

    The regional tax court of Rhineland-Palatinate had to decide whether, in the case of a right to choose between two methods of reducing foreign withholding tax, the taxpayer must ensure that foreign taxes are credited in as small an amount as possible. The regional tax court is of the opinion that it is at the discretion of the taxpayer if and how to use the option to which he is entitled and that this does not have an adverse impact on the general possibility of a foreign tax credit against his German income tax liability.

    Categories: Tax Court
    Keywords: foreign tax credit, foreign withholding ...
  8. 02.04.2014

    Foreign tax credit to reflect personal allowances

    The Supreme Tax Court has followed an ECJ judgment in basing the maximum foreign tax credit on the total German tax payable on the foreign income as calculated under the assumption that personal allowances and reliefs are first set against the domestic income. The court also held the “per country” limitation to be in accordance with community law.

    Categories: Supreme Tax Court cases
    Keywords: foreign tax credit, per country limitati ...
  11. 14.11.2012

    Foreign tax credit precluded if domestic income exempt despi ...

    The ECJ has held that freedoms of establishment and of capital movement preclude national legislation relieving foreign tax by credit as opposed to the exemption of domestic source income where the actual corporation tax paid by domestic companies is generally less than the nominal rate. It has also accepted the freedom of capital movement as relevant, unless the national legislation was aimed at controlling interests.

    Categories: From Europe
    Keywords: foreign tax credit, freedom of establish ...

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Björn Viebrock

Björn Viebrock

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Düsseldorf

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