01.07.2022 Income adjustment pursuant to Section 1 (1) FTA vis-à-vis a ... Following a referral from the Federal Constitutional Court, the Supreme Tax Court has again had to rule on the income adjustment pursuant to Section 1 (1) Foreign Taxes Act vis-à-vis the write-down of an unsecured loan receivable issued within a group Categories: Supreme Tax Court cases, Constitutional ...Keywords: income adjustment, International Tax, un ...
14.12.2017 Foreign Tax Act: Income adjustment in accordance with commun ... The Lower Tax Court of Rhineland Palatinate has asked the ECJ to rule on the income adjustment provision of the Foreign Tax Act as amended in 2003 as it might not be in accordance with EU-law. The focus of the judicial review is on the tax consequences of a business relationship with a related party and where the terms do not meet the third party comparison test. The ECJ advocate general has suggested the court decide that the German rules for profit adjustment under Sec. 1 Foreign Tax Act are not in violation of the freedom of establishment. Categories: European Court of JusticeKeywords: income adjustment, business relationship
11.04.2017 Tax administration issues guidelines on use of group name The German Finance Ministry has commented on possible profit adjustments under Sec. 1 Foreign Tax Act with respect to the use of group name and logo between the taxpayer and a related party. Categories: Official PronouncementsKeywords: income adjustment, group name, firm name ...
05.04.2016 No conflict between Foreign Tax Act and tax treaty definitio ... The finance ministry has decreed that Supreme Tax Court judgments limiting the income adjustments under the Foreign Tax Act to questions of amount are not to be followed as precedents prohibiting adjustments by reason of the nature of the transaction under review. Categories: Official PronouncementsKeywords: income adjustment, arm's length, Foreign ...
26.11.2014 Income adjustment for interest-free loan to foreign subsidia ... The Supreme Tax Court has held that an income adjustment for the interest lost on an interest-free loan to a foreign subsidiary can be made under the Foreign Tax Act unless the loan was granted as a substitute for share capital. Categories: Supreme Tax Court casesKeywords: income adjustment, interest-free loan, f ...
