Tax & Legal

Categories: All (9 found)

1. 23.09.2024

   No further application requirements after option for half-in ...

   Certain type of capital investment income may be taxed under the partial income method (so called half-income method) upon application of the taxpayer and is valid for another 4 years following the year in which the application was made. According to the Supreme Tax Court, the specific preconditions laid down in Section 32d (2) Income Tax Act, e.g. for minimum ownership, only have to be met in the first year of application; a failure to meet the requirements in the following four assessment periods is not harmful.

   Categories: Supreme Tax Court cases

   Keywords: investment income, half-income system
2. 14.05.2021

   No taxation of bogus income from a Ponzi scheme in the case ...

   In a recent ruling, the Supreme Tax Court held that the deemed settlement of final withholding tax under Section 43 (5) Sentence 1, Half-Sentence 1 Income Tax Act (ITA) also applies if the tax has been withheld by the debtor (payer) of the investment income, but not declared and paid over to the tax office. As a result, investment income from a fraudulent pyramid scheme is in principle no longer to be included in the income tax base.

   Categories: Supreme Tax Court cases

   Keywords: withholding tax, investment income, Inco ...
3. 03.02.2016

   Investment income withholding tax update

   The finance ministry has reissued its slightly modified regulations to be followed by those responsible for deducting tax on investment income at source.

   Categories: Official Pronouncements

   Keywords: withholding tax, investment income
4. 30.12.2015

   No deduction for knock-out option losses

   The Supreme Tax Court has held that lapsed options based on market rate movements rather than on a conscious decision by the taxpayer are not deductible from investment income.

   Categories: Supreme Tax Court cases

   Keywords: Option, investment income, knock-out
5. 02.10.2013

   Hidden distribution from foreign company is investment incom ...

   The Supreme Tax Court has held that a benefit from a foreign company to a German shareholder is a hidden distribution taxable in Germany as investment income.

   Categories: Supreme Tax Court cases

   Keywords: investment income, hidden distributions
6. 27.03.2013

   No gifts between company and its shareholders

   The Supreme Tax Court has rejected an assessment to gift tax on a supposed hidden distribution to a shareholder on the grounds that a shareholder’s receipt of a hidden benefit is his investment income.

   Categories: Supreme Tax Court cases

   Keywords: investment income, gift tax
7. 14.04.2011

   ECJ to rule on foreign tax credit limitation

   The Supreme Tax Court has filed a preliminary question with the ECJ on the calculation of the German income tax attributable to foreign source income as the maximum amount of the foreign tax credit.

   Categories: Supreme Tax Court cases

   Keywords: investment income, foreign tax credit, p ...
8. 06.04.2011

   No deduction for private currency speculation losses before ...

   The Supreme Tax Court has refused a taxpayer a deduction for a series of short-term losses incurred through speculating in foreign currencies.

   Categories: Supreme Tax Court cases

   Keywords: investment income, capital gain, foreign ...
9. 05.01.2011

   Withholding tax on investment income

   The finance ministry has issued a decree on a number of technical points in connection with the obligation of banks to withhold tax from the investment income of private individuals.

   Categories: Official Pronouncements

   Keywords: withholding tax, investment income, full ...