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On 15 January 2019, with a large majority, British Parliament voted down the Brexit Plan the British Government had agreed upon with the EU. If no other arrangement with the EU will be made before 29 March 2019, the UK will cease to be a member of the EU without ... Read More »
Category Archives: Tax law
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Revised tax ruling practice announced in the Netherlands
December 6, 2018
The Dutch ruling practice for tax rulings with an international character has been one of the cornerstones of the Dutch investment climate for a period spanning more than 50 years. Often tax legislation contains vague language and ambiguous terms increasing the need for advance consultation of the competent tax authorities ... Read More »
CORPORATE PHILANTHROPY GOOD PRACTICES TAX REDUCTION OR DEDUCTIBLE EXPENSE CORPORATE INTEREST PHILANTHROPY AND THE ADVENT OF MISSION-LED BUSINESSES
August 6, 2018
Corporate philanthropy is faring well, even though it is still a recent practice compared to philanthropy overall. In France, corporate philanthropy effectively stems from the law on corporate foundations adopted relatively recently, on 4 July 1990[1]. It is in fact quite significant to see how difficult it was for the ... Read More »
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by: Delsol
in Corporate law, France, Tax law
PHILANTHROPISTS’ INTENTIONS: THE STRATEGIC CHOICE OF LEGAL STRUCTURE
August 3, 2018
Initiating and conducting a philanthropic project imply strategic choices in terms of governance, durability and tax treatment, in order to give legal effect to the intentions of the founding philanthropist. Philanthropy and economics increasingly share a project rationale, which involves defining the approach to be taken to improve the chances ... Read More »
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by: Delsol
in Corporate law, France, Tax law
Internet Seller Beware
August 1, 2018
Due to a recent Supreme Court decision, internet sellers may now be required to collect and remit sales taxes in states in which they have no physical presence. In the landmark case of South Dakota v. Wayfair, Inc., decided on June 21, the Court overturned its prior decisions that had ... Read More »
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New Tax Law Affects Executive Compensation
March 26, 2018
The final tax reform bill signed by President Trump on December 21, 2017 makes substantial changes to executive compensation paid by private and public companies and non-profit organizations. But it could have been worse. Significant restrictions on nonqualified deferred compensation plans were removed from the final bill. This article briefly ... Read More »
Tax Compliance Management Systems – Compulsory or optional?
March 23, 2018
Compliance management systems (CMS) – hardly a day goes by without being reported on their necessity. Latest buzzword: tax compliance. What is behind all this? Does tax compliance make sense? What are the benefits of tax compliance? Compliance and tax practice German tax law is complicated and is considered one ... Read More »
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by: Buse Heberer Fromm
in Compliance, Germany, Tax law
Revocation of an appointment to the management board based on a withdrawal of confidence
January 22, 2018
The Federal Court of Justice (BGH) judged previously disputed legal questions regarding the dismissal of a management board member based on a withdrawal of confidence by the annual general meeting in favor of the shareholders. The withdrawal of confidence does not have to be explained. A corresponding resolution of the ... Read More »
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by: Buse Heberer Fromm
in Corporate law, Germany, Tax law
Share Deal: Imputation of Knowledge of the Managing Director
January 18, 2018
With a judgment dated June 16, 2016, the Higher Regional Court (OLG) of Düsseldorf (File reference I-6 U 20/15) has decided that the knowledge of the managing director of the target company, who is acting as a representative and who has, from the outset, an interest in the buyer’s business ... Read More »
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by: Buse Heberer Fromm
in Corporate law, Germany, Tax law
Belgium reduces its corporate tax rates
January 16, 2018
On 22 December 2017, the Belgian Parliament voted a Law which reduces Belgian corporate tax rates with effect from 1 January 2018. The law is the first part of a Company Tax Reform which aims inter alia to progressively reduce corporate income tax rates. With effect from 1 January 2018, ... Read More »
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by: CEW & Partners
in Belgium, Corporate law, Tax law
Federal Fiscal Court extends possibilities for tax-neutral departures from partnerships
December 22, 2017
Partners shall be able to leave the partnership to a greater extent without disclosing hidden reserves. Background: The partner leaving a partnership generally has a claim for compensation against the company. Since this compensation claim can put the company in considerable liquidity difficulties, the partner is often compensated with real ... Read More »
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by: Buse Heberer Fromm
in Germany, Tax law
New tax on securities accounts
October 26, 2017
One of the key measures of the Belgian Budget bill for 2018 is the introduction of a new tax on securities accounts for Belgian individual tax residents. Non-resident individuals and Belgian and non-Belgian resident companies are not covered by this new tax. A securities account is a special purpose bank ... Read More »
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by: CEW & Partners
in Belgium, Tax law
Tax-Loss Carryfowards of Corporations. What is new? What should be done?
July 19, 2017
The German legislator has opened up new possibilities for corporations to continue to use tax losses in the event of a qualified change of shareholders. The intention is to eliminate obstacles to the capitalization of companies. Background An important downside to the acquisition of shares in a corporation (e.g. a ... Read More »
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by: Buse Heberer Fromm
in Corporate law, Germany, Tax law
Supreme Court provides clarity on the term ‘home’ in relation to transfer tax
March 23, 2017
The transfer of a home is taxed at a reduced transfer tax rate. The purchaser must pay 2% transfer tax on the value of the home whilst for other property this is in principle 6%. In practice, this has led to substantial discussions between a purchaser and the tax inspector ... Read More »
Reasoned opinion of the European Commission against the fines charged in Spain for failure to fill the tax declaration on assets held abroad
March 9, 2017
After the claims filed in November, 2015, by foreigners residing in Spain, the European Commission has recently issued a reasoned opinion requesting Spain to change its rules on assets held in other EU or the European Economic Area (EEA) Member States (so-called “Modelo 720”), as the fines charged for failure ... Read More »
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