Gemeinnützigkeitsrecht

New German tax court case about the fixed establishment concept for VAT purposes

The German Federal Tax Court issued a decision on a ‘fixed establishment’ for VAT purposes (ECLI:DE:BFH:2020:U.290420.XIR3.18.0). The case concerned a German business consultant who provides services in third countries on behalf of non-business customers. The question was whether an office building and employee, which have been made available to the consultant during his business trips abroad, […]
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The National Hydrogen Strategy: a step towards a hydrogen economy?

In its fight against climate change, the German cabinet has approved a National Hydrogen Strategy. Adopted on 10 June 2020, it marks a new milestone in establishing a German economy primarily powered by hydrogen. This follows on from the federal government’s National Hydrogen and Fuel Cell Technology Innovation Programme and Energy Research Programme. This all […]
Cash Pooling Fehlerbegriff Enforcement-Verfahren, Vat rates

Reduction of VAT rates in Germany between 1 July and 31 December 2020: Clarifications and simplifications at a glance

The German government surprisingly announced to reduce VAT rates for six months from 19% to 16% and 7% to 5%, respectively. This is pleasing consumers. However, it presents entrepreneurs with enormous challenges. Nearly all trade associations have criticised that the reduction of VAT rates is far too short-term. At the same time, they have called […]
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Umwandlungssteuerrecht, Gewerbesteueranrechnung, real estate, Umsatzsteuerbefreiungen, Digitale Besteuerung, Anti-Treaty-Shopping-Regelung, R&D, Hinzurechnungsbesteuerung tax credit, cash tax position, tax policy, Steuerentlastung, Jahressteuergesetz 2020

Announced tax policy measures – what German businesses need to know

On June 3, the German government announced a €130bn fiscal package designed to boost the country’s economic recovery from the Covid-19 crisis. A total of 57 detailed policy measures are included, consisting of tax reliefs, direct financial aids, a reduction of levies, measures to increase investments in new technologies and a cap for social security […]
Coronavirus, Vorstandsvergütung

Update: Immediate tax measures to take account for effects of Coronavirus

The Coronavirus pandemic (COVID-19/SARS-CoV-2) poses fundamental medical, but also economic challenges for the entire world. According to the German Federal Government’s package of measures dated 13 March 2020, tax measures should be made possible to avoid undue hardship in an unbureaucratic manner. This is being implemented by the Federal Ministry of Finance, along with the […]
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Umwandlungssteuerrecht, Gewerbesteueranrechnung, real estate, Umsatzsteuerbefreiungen, Digitale Besteuerung, Anti-Treaty-Shopping-Regelung, R&D, Hinzurechnungsbesteuerung tax credit, cash tax position, tax policy, Steuerentlastung, Jahressteuergesetz 2020

How to protect your cash tax position during the COVID-19 pandemic

While headlines are dominated by the global drop in stocks, the debt market (i.e. loans, bonds) is now being exposed to great risks. The new coronavirus outbreak has almost shut down the markets for newly issued debts, meaning debt sources are being ever more depleted. This, while companies need cash injections more than ever. For […]
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Entgelttransparenzgesetz, Nachweisrichtlinie, Corona-Bonus

Short-time work in times of crisis

In times of crisis, most recently: COVID-19, companies from particularly affected industries quickly find themselves confronted with the question of how to deal with constant personnel costs in the event of lost revenue. A well proven instrument for coping with this challenge is the instrument of short-time work and the application for short-time work allowance. […]
Investitionsabzugsbetrag BEPS, Country-by-Country-Reporting, Umsatzsteuer, R&D tax credit, CFC rules, EU Steuer, umsatzsteuerliche Organschaft, Hinzurechnungsbesteuerung

CFC rules may violate EU law in cases involving third countries

The German CFC rules have sharp teeth that are often overlooked or underestimated in practice. For one thing, the low-tax threshold is (too) high – currently still 25% – and, for another, the CFC rules even apply to foreign passive investment income (FPII) in mini-shareholdings – from 1% and possibly even less. In EU/EEA cases, […]
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Emittentenleitfaden Ad-hoc-Publizität, Dividendeneinkünfte, Quick Fixes, ATAD, lump-sum taxation, Präferenzregelung, MoPeG, Freiberufler, Personengesellschaftsrecht

New German lump-sum taxation regime for wages of employees with limited tax liability

On November 22, 2019 the German Bundesrat approved Germany’s Third Bureaucracy Relief Act (Drittes Bürokratieentlastungsgesetz 2019). With this act, the legislature added a subsection 7 to Sec. 40a of the German Income Tax Act (ITA), which allows lump-sum taxation of wage payments to employees with limited tax liability at a rate of 30% from 2020 […]
Gemeinnützigkeitsrecht

Withholding tax on German dividends

The Court of Justice of the European Union (CJEU) recently ruled that German withholding tax on dividends from domestic corporations to nonresident pension funds may restrict the free movement of capital (C-641/17, College Pension Plan of British Columbia v Finanzamt München Abteilung III). Foreign pension funds affected should be able to reclaim German taxes on […]