The Supreme Tax Court has held that a profit pooling agreement must run for five full years, i.e. 60 months, for tax recognition.
Tax & Legal
The Supreme Tax Court has held that an acquirer of a business may appeal against the otherwise final tax obligations of the seller for which he has become liable through the takeover.
The Supreme Tax Court has held that a sailor is not restricted to the first three months of a cruise in his entitlement to a tax-free daily allowance for subsistence whilst travelling.
The Supreme Tax Court has held that the purchase of a share followed by the immediate and pre-agreed transfer of a portion to a spouse led to neither partner holding the whole share at any one moment.
The Supreme Tax Court has refused a taxpayer a deduction for a series of short-term losses incurred through speculating in foreign currencies.
The Supreme Tax Court has held that the VAT on below-cost sales to members is to be based on no more that the fair market price of the goods or services.
The Supreme Tax Court has held that the provision for record retention costs should be based on an average remaining retention period of 5.5 years following the balance sheet date.
The finance ministry has modified the rules on taxing the benefit of driving to work in a company car in the light of Supreme Tax Court judgments holding that the benefit should be based on the actual journey.
The finance ministry has reacted to a Supreme Tax Court case allowing a write-down on a receivable from a domestic subsidiary with a decree to the effect that an unsecured loan to a foreign related party would not generally be at arm's length.
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.