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Construction costs or maintenance expenses for property that is rented out?

During periods of low interest rates and inflation, property is a sought-after investment. For tax optimisation, the question to be considered is how […]

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A pre-study internship that is an admission requirement is not subject to the Minimum Wage Act

These days, many internships have to be paid at the minimum wage, which is making it difficult for some employers to provide internships. In the […]

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Threat of penalty payments – Even ‘dormant’ corporations have to file tax returns

The Federal Fiscal Court (Bundesfinanzhof, BFH) recently confirmed that local tax offices can threaten to impose penalties in order to ensure that […]

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Is the VAT group regime teetering on the edge?

In two ongoing preliminary ruling proceedings before the ECJ, which were initiated by the Federal Fiscal Court (Bundesfinanzhof, BFH), the opinions of […]

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Income from capital assets – Split and incongruent appropriations of profits

The consequence of a recent Federal Fiscal Court (Bundesfinanzhof, BFH) ruling is that a temporally dis­proportionate and subsequently incongruent […]

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Electricity tax – Withdrawal of self-generated electricity is subject to permission

Since 1.7.2019, under certain circumstances, operators of photovoltaic systems (PV systems) and combined heat and power plants (CHP plants) have […]

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An overview of planned tax changes, which in some cases will be applicable retroactively

On 23.2.2022, Germany’s governing coalition intro­duced a ‘relief package’ in view of rising energy costs, inflation and the Russia­-Ukraine conflict. […]

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A further cut in the rate for French corporation tax for 2022

A corporation tax rate of 25% will apply to all com­panies in France for 2022. This year’s cut thus con­cludes the gradual reduction in the […]

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Financial instruments – IBOR reform with accounting consequences under German GAAP and IFRS

LIBOR and EONIA were abolished in the course of the reform of benchmark interest rates (IBOR reform). This has implications not just for the […]

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Tax pitfalls in the case of continuation clauses in partnership agreements

Partnership agreements usually include provisions in the event of the death of a partner (succession clauses). In principle, these provisions have […]

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Cutting holiday leave after short-time working is permissible

The Federal Labour Court (Bundesarbeitsgericht, BAG) recently made a decision on the holiday entitle­ment after use has been made of short­time […]

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Giving gifts to carers leads to a reduction in estate assets

If close relatives receive a high level of care during their lifetime then there is the possibility of giving gifts to the caregivers; these gifts […]

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A gift to a closely related person does not constitute a donation

The Federal Fiscal Court (Bundesfinanzhof, BFH) recently ruled on the connection between the deduction of donations against tax and gifts given to […]

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Application of the German Real Estate Tax Reform Act as of 1.1.2022 – An overview of important changes

After the Federal Constitutional Court (Bundesverfassungsgericht, BVerfG), in its ruling of 10.4.2018, declared the previous valuation system for real […]

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Once again – Arm’s length interest rates for intra-group loans

As a follow up to our previous report, in the next section, we discuss a further ruling by the Federal Fiscal Court (Bundesfinanzhof, BFH) of […]

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Provisioning for subsequent costs in the case of tool manufacturing

The Federal Fiscal Court (BFH) recently had to decide whether or not a provision should be created for the cost of service, maintenance and storage of […]

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Legislative proposals of the ‘traffic light coalition’ with respect to corporate law – An overview

When a new government gets to work, measures in the field of fundamentally established corporate law are not necessarily right at the top of the list […]

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The German Telecommunications-Telemedia Data Protection Act – Overhaul of the regulations governing the use of cookies

The new Telecommunications-Telemedia Data Protection Act (Telekommunikations-Telemedien-Datenschutz-Gesetz, TTDSG) has been in force since 1.12.2021. […]

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Reform of the status determination procedure – New upfront determination of employment status

The status determination procedure of the German Federal Pension Scheme (Deutsche Rentenversicherung Bund, DRV Bund), for determining whether […]

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The liability of the managing director of a Komplementär-GmbH compared to that of the managing director of a GmbH & Co. KG

The legal form of the GmbH & Co. KG [limited partnership with a private limited company as a general partner] is very popular in Germany. In […]

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