28.10.2024 Taxation of severance payments for cross-border commuters un ... In a recent judgment the Supreme Tax Court decided that - according to Article 13 paragraph 1 of the double tax agreement (DTT) with France - Germany has the right to tax the severance pay as a result of the termination of an employment relationship insofar as the compensation relates to the period during which the employee (who was subject to unlimited tax liability at the time) lived and worked in Germany. The taxable amount must be calculated by considering the duration of the domestic residence compared to the term of the employment. The so-called cross-border commuter rule in Article 13 para. 5 of the DTT does not preclude Germany’s right of taxation. Categories: Supreme Tax Court casesKeywords: cross-border commuters, severance paymen ...
02.01.2023 Waiver of head physician’s right for future private liquidat ... The Supreme Tax Court decided that the waiver of a head physician of the right to private liquidation in return for monthly compensation payments made by the clinic owner to be able to bill privately insured persons himself is a taxable service and subject to VAT. Moreover, relinquishing the future right for private medical treatment does not fall under the medical services exemption as provided by national law. Categories: Supreme Tax Court casesKeywords: waiver, medical treatment, severance pay ...
01.08.2021 Additional severance payment for earlier termination of empl ... The mutual termination of an employment is normally (also) in the interest of the employer. A severance payment made in return is therefore generally tax privileged. The Lower (regional) Tax Court of Hesse decided that this also applies in the event of an additional payment because of the (premature) termination of the employment relationship prior to the date as originally set in the termination agreement. Categories: Tax CourtKeywords: compensation payment, tax privilege, sev ...
