Premises of a Swiss taxi headquarter belonging, among others, to the plaintiff may constitute a permanent establishment and the ensuing revenues from the taxi services thus be exempt from income tax in Germany. Continue reading
Tax & Legal
Further extension of the procedural tax relief regulations.
The P&O Newsflash provides a first overview of the new coalition’s future plans for social security-
On 7 December 2021 the Council reached agreement on a proposal to update EU rules on rates of value added tax (VAT). The updates ensure member states are treated equally and give them more flexibility to apply reduced and zero VAT rates. The rules will also phase out preferential treatments for environmentally harmful goods. Continue reading
On 21 July 2021 Luxembourg has filed an appeal against the judgment of the General Court of 12 May 2021 in the joined cases T-516/18 and T-525/18 (Luxembourg and Engie Global LNG Holding and Others / Commission) regarding certain tax rulings concerning the transfer of business activities within the Engie group. Continue reading
The distribution of profits by a Luxembourg subsidiary (in the legal form of a SARL) to its German parent company (a partnership limited by shares – KGaA) may be an abuse of legal forms where the KGaA provided SARL with a loan and shortly thereafter waived repayment, thereby putting SARL in a position to actually make the profit distribution. Even more when the losses arising from the impairment of the value of SARL because of the distribution are to be used by the shareholders in a tax-effective manner. Continue reading
近時、日本を含む世界各国において、ESG／サステナビリティに関する議論が活発化する中、各国政府や関係諸機関において、ESG／サステナビリティに関連する法規制やソフト・ローの制定又は制定の準備が急速に進められています。企業をはじめ様々なステークホルダーにおいてこのような法規制やソフト・ロー（さらにはソフト・ローに至らない議論の状況を含みます。）をタイムリーに把握し、理解しておくことは、サステナビリティ経営を実現するために必要不可欠であるといえます。
In a decision published on 26 November 2021, the Federal Constitutional Court (Bundesverfassungsgericht,) declared as inadmissible a referral by the Supreme Tax Court (Bundesfinanzhof) regarding Section 3 of the Solidarity Surcharge Act 1995 as amended on October 15, 2002 (SSA, 1995). Continue reading
On November 24, the SPD, the Greens and FDP concluded their coalition talks. The party membership of the three parties have yet to approve the Coalition Agreement. Members of the Green party can vote on the Coalition Agreement and the proposals for personnel in the ten days following 24 November 2021. The SPD will hold an extraordinary federal party conference on December 4, 2021 to vote on the Coalition Agreement. The FDP plans to decide on the coalition agreement on December 5, 2021. Continue reading
On 16 December 2019, the EU Directive (2019/1937) on the protection of persons who report breaches of Union law (“the whistleblower directive”) came into force. The aim of the directive is to better protect whistleblowers across the EU. EU member states have until 17 December 2021 to transpose the requirements into national law. Continue reading