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Transposition of the European Anti-Tax Avoidance Directive (ATAD) has been halted for the time being

On 10.12.2019, the Federal Ministry of Finance (Bundesministerium der Finanzen, BMF) published a draft law for the proposed transposition of the […]

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Transfer pricing adjustments – New Federal Fiscal Court ruling on the blocking effect of Art. 9 of the OECD Model Tax Convention

In 2019, a change to the case law of the Federal Fiscal Court (Bundesfinanzhof, BFH) with respect to the extent of corrections pursuant to Section 1 […]

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BEPS has necessitated a review of inter-company agreements

In the last few years, the OECD project to combat tax avoidance (Base Erosion and Profit Shifting, abbreviated to “BEPS“), carried out between 2013 […]

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Hybrid financing instruments in international tax law – Part 1: Outbound structures

Hybrid financial instruments exhibit the typical features of both equity capital as well as debt capital. This includes, for example, subordinated […]

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Introduction of corporate criminal law – What companies can expect in the future

Up to now, while it has been possible to impose fines against companies, nevertheless, only individual members of companies could be liable to […]

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“Can you take back a gift?” – What you need to know about the revocation of gifts

Passing on assets to the next generation by way of a lifetime transfer (anticipated inheritance) is widely practised. The question is however what […]

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“Lost” advance payment – Input tax deduction requires precise definition of the contractual item

Businesses are able to deduct the input tax from advance payments if they have been provided with a proper invoice for the advance payment where the […]

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Prize money – When does the fiscal authority have to have a share?

Anyone who receives prize money should quickly clarify the issue of the tax liability situation. Whether or not prize money is subject to income tax […]

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Social security – Thresholds for 2020

Parity financing of health insurance contributions was reintroduced in 2019 and will likewise continue for 2020. Accordingly, employees and employers […]

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An overview of the final amendments to the 2019 Annual Tax Act and the abolition of the solidarity surcharge

On 7.11.2019, the lower house of the German parliament (Bundestag, BT) passed the “Act to provide for further fiscal incentives to promote […]

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In focus – Two especially important profit tax changes that ensue from the 2019 Annual Tax Act

The following sections examine the background to two further legislative changes that form part of the 2019 Annual Tax Act. The first of the changes, […]

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Repayment of capital contributions by a third country entity

If a corporation whose management and headquarters are in a third country distributes assets to its shareholder then these payments could be treated […]

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The tax-neutral transfer of real estate assets to children

For owners of a property the question of transferring it for no consideration during their lifetimes is frequently of great importance. Besides the […]

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Flat-rate payroll tax for benefits provided by employers in addition to the remuneration due in any case to employees

Additional remuneration will be assumed if it is paid for a specific use and/or purpose apart from the remuneration due in any case to employees. […]

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Transparency register – Disclosure requirements for registered KG (German limited partnerships)

In the wake of the entry into force of the new German Anti-Money Laundering Act, on 26.6.2017, an electronic transparency register was introduced in […]

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High administrative fines for infringements of the GDPR

Since the end of May last year, the data protection officers of the Länder (Federal States) have imposed administrative fines in more than 100 cases […]

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Integrated forecasting as a tool in the context of estimates of financing requirements and company valuations

Concept of integrated forecasting

An integrated forecast consists of mutually compatible projected P&Ls, projected balance sheets and projected cash […]

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Time limitation of an employment contract in the case of previous employment

Limiting an employment relationship for no objective or material reason is permitted, in principle, for up to two years unless an employment […]

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Interest rate on tax arrears to remain at 0.5% per month for the time being

Given that we are in a phase of persistently low interest rates, for a long time now, there has been a debate on the issue of the constitutionality of […]

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Assumption of tax consulting costs by the employer in the case of a net pay agreement

The German subsidiary of a global group had negotiated net pay agreements with the employees who it had posted to Germany. In the above-mentioned […]

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