Germany Tax News

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Discussion draft on application and interpretation of non-discrimination article of OECD Model – details

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Revised Commentary on Article 7 of OECD Model released

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ECJ

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Federal Cabinet adopts Draft Bill on corporate tax reform

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ECJ: temporal effects of judgment in Meilicke against Germany should not be limited – details

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Final Report on Improving the Resolution of Tax Treaty Disputes

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ECJ: hearing in case regarding Dutch withholding tax on outbound dividends

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Company tax regimes of Swiss cantons exempting foreign profits incompatible state aid under EU-Switzerland Agreement

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Federal Ministry of Finance issues Draft Bill on corporate tax reform

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Report on Attribution of Profits to PEs released

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Federal Ministry of Finances clarifies application of CFC rules

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Treaty between Germany and Belgium - Mutual agreement concerning treatment of severance payments

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EU Commission progresses infringement actions against Member States for discriminatory taxation of outbound dividends

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EU Commission requests Italy to implement the Interest and Royalties Directive correctly

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EU Commission requests Italy not to apply a withholding tax on dividends paid to Netherlands parent companies

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ECJ: previous UK ACT regime regarding outbound dividends compatible with EC fundamental freedoms (ACT IV GLO) – details

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Annual Tax Act 2007 and Bill on implementation of European company approved by Federal Council

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Treaty between Singapore and Germany enters into force

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ECJ holds French withholding tax on outbound dividends incompatible with freedom of establishment

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Revised proposal on corporate tax reform

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German Federal Tax Court holds CFC rules not applicable in cases of administratively limited tax relief in order to comply with low taxation threshold

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Federal tax authority publishes guidance on APAs

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On 23 August 2006, the Federal Cabinet approved the Annual Tax Act 2007. The newly included Sec. 20(2b) Income Tax Act, which extends the restriction on loss set-offs from tax deferral schemes, shall already apply for the tax year 2006. To become effective, the Bill has to be passed by the Federal Council as well.

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Plans to reform corporate taxation – Federal Cabinet agrees on general framework

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Proposed reform concerning cross-border mergers – Bill approved

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US Senate may hold hearings on new Denmark, Finland, and Germany protocols

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European Commission requests Belgium to terminate discriminatory taxation of inbound dividends

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US

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European Commission requested Spain to end infringement to the EC Parent-Subsidiary Directive concerning the use of anti-abuse measures

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Federal Council approves Bill on Tax Changes 2007

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