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Does interest on transitory loans have to be added back for trade tax purposes?

Within the framework of determining trade tax, the German Trade Tax Act provides for the adding back of debt service charges in some cases. According […]

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Sales of goods and 0% financing deals – What is the VAT assessment base?

The sale of goods is normally subject to VAT. By contrast, banking and financial services are VAT-exempt. The Hesse tax court has now decided what the […]

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Latest news on (external) managing directors – Maternity protection and age discrimination

In the past, the courts assumed that the executive position of managing directors ruled out having employee status. Now, owing to the influence of […]

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Special requirements for the M&A process in the case of digital disruptions

Over the last few decades, the importance of a systematic M&A process has grown steadily for compliance reasons and, in doing so, has been subject to […]

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Income tax – Timing of provisioning for tax arrears

If a tax audit results in additional taxes then the question that arises is whether the tax arrears have to be taken into account in the year to which […]

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An inadmissible requirement to carry out decorative repairs (sanding down the parquet floor) can void an entire provision

In many rental agreements the tenants are required to carry out decorative repairs. A local court in Nuremberg, in its ruling from 18.1.2019, decided […]

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Travel costs – Being accompanied by a life partner is not work related

Travel costs for work-related activities away from home are generally deductible as professional expenses. Recently, the Münster tax court dealt with […]

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Further concessions for making bicycles and e-bikes available for use

The new rules in the 2019 Annual Tax Act concerning tax incentives for electromobility have created many tax advantages for both employers as well as […]

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New Federal Ministry of Finance circular on the transfer of partnership interests for no consideration

In a circular from 20.11.2019, the Federal Ministry of Finance (Bundesministerium der Finanzen, BMF) revised its administrative guidance on Section […]

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The OECD has proposed a global minimum tax

Ensuring that businesses that operate across borders pay a global minimum tax is supposed to limit international tax competition. To this end, the […]

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Finance leases – New guidelines for classification for VAT purposes

Deciding whether, for VAT purposes, a finance lease agreement should be assessed as being a supply (purchase) or other services (rent) would, at […]

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Description of items supplied that is shown on invoices – The Federal Fiscal Court rejects excessive requirements

We already reported on a case that was pending at the Federal Fiscal Court (Bundesfinanzhof, BFH) where the point at issue was how precise does the […]

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Act to Transpose the Second Shareholder Rights Directive – Strengthening shareholder rights

The Act to Transpose the Second Shareholder Rights Directive (Gesetz zur Umsetzung der zweiten Aktionärsrechterichtlinie, ARUG II) came into force at […]

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Liability – The extent of the discretionary authority to choose when asserting claims against managing directors

The liability of managing directors is usually more extensive than that of non-managerial employees because managing directors are not dependent […]

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Chain transactions – Classifying the movement of goods for VAT purposes

The European Court of Justice (ECJ) currently has to deal with the question of which transaction in a cross-border supply chain with multiple […]

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Brexit – The withdrawal agreement has been passed and yet everything has remained unchanged (to begin with)

On 29.1.2020, the EU Parliament ratified the “Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the […]

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Bequeathing a family home – The tax emption ceases to apply if ownership is relinquished within a period of ten years

Spouses and life partners are able to bequeath their owner-occupied properties to surviving partners free of inheritance tax provided that the latter […]

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Tax-exempt sale of property – Self usage prior to the sale

If property that is held in private assets is sold within the ten year speculation period then the appreciation in value that is realised has to be […]

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Executive compensation – Concurrent receipt of pensions and a regular salary is possible within certain limits

The Federal Fiscal Court (Bundesfinanzhof, BFH) does not usually accept a pension and a regular salary being paid concurrently. A recent ruling from a […]

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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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