Tax & Legal

Categories: All (9 found)

1. 21.07.2015

   Real estate transfer tax on share transfers unconstitutional

   The Constitutional Court has held the set calculation of the value of the land held by a company when assessing the transfer of the company’s shares to real estate transfer tax to be unconstitutional. The government has been given until June 30, 2016 to enact a different formula, to be applied retroactively to January 1, 2009.

   Categories: PwC Reports

   Keywords: property, real estate transfer tax, valu ...
2. 01.04.2015

   Capital gain holding period runs to date of binding agreemen ...

   The Supreme Tax Court has held that the ten-year holding period for exempting a gain on sale of privately held property runs to the date the agreement to sell the property is binding on both parties regardless of any as yet unfulfilled condition subsequent.

   Categories: Supreme Tax Court cases

   Keywords: capital gain, property, holding period
3. 09.07.2014

   Division of input tax on dual-use buildings

   The Supreme Tax Court has laid a second case before the ECJ on the division of input tax incurred in the construction and operation of a dual-use building between taxable and exempt activity.

   Categories: Supreme Tax Court cases

   Keywords: property, input tax, dual-use buildings
4. 18.06.2014

   Sale of mining right as sale of real estate

   The Supreme Tax Court has accepted the sale of mining rights attaching to a property no longer owned by the seller as the sale of a real estate right to be taxed as a capital gain.

   Categories: Supreme Tax Court cases

   Keywords: Real Estate, property, mining right, min ...
5. 20.03.2014

   Capital transfer tax not precluded by Sixth Directive

   The ECJ has held that a Spanish transfer tax on the purchase of shares in a property-owning company is not similar to VAT and is therefore not precluded by the tax duplication prohibition of the Sixth Directive.

   Categories: From Europe

   Keywords: Real Estate, property, RETT, transfer ta ...
6. 04.03.2014

   VAT on services for wind farms

   The finance ministry has issued a decree on the place of performance of the services supplied to, in particular, offshore wind farms.

   Categories: Official Pronouncements

   Keywords: property, wind farm
7. 06.11.2013

   Permanently moored houseboat to be let as property

   The finance ministry has amended its VAT Implementation Decree to follow an ECJ ruling that a permanently moored houseboat is to be let as a property.

   Categories: Official Pronouncements

   Keywords: property, houseboat
8. 31.03.2011

   Non-resident entitled to deduct annuity from related income

   The ECJ has held that a non-resident with German property income must be entitled to deduct the cost of an annuity if the annuity would not have been paid without the acquisition of the property.

   Categories: From Europe

   Keywords: non-residents, property, annuity
9. 09.03.2011

   Interest of British property LLP taxed in Germany as interes ...

   The Supreme Tax Court has held that the interest income of a German-owned limited partnership in England is taxable in Germany as interest, and not exempt as trading income. The capital gain on the sale of the property is not exempt as taxable in the UK, merely because of the capital allowance claw-back.

   Categories: Supreme Tax Court cases

   Keywords: capital gain, interest, property, limite ...