08.07.2025 Trade tax addback of profit share of US silent partner In a most recent judgment, the Supreme Tax Court decided that the trade tax addback of a silent partner's profit share is subject to the free movement of capital which also applies to third countries (here: the USA). The application of the "grandfather“ clause of Art 64 TFEU (ex-Article 57 TEC) is generally not affected by statements made in a letter from a lower tax authority. Categories: Supreme Tax Court casesKeywords: Non-discrimination, silent partner, trad ...
22.06.2011 Untypical silent partner disqualifies company as Organschaft ... The Supreme Tax Court has held that a company with an “untypical” silent partner cannot surrender its entire profit to its parent and thus cannot conclude the profit pooling agreement necessary for an Organschaft. Categories: Supreme Tax Court casesKeywords: Organschaft, silent partner