Taxation of Enterprises in Germany
Cross-border Aspects, M&A, Reorganisations
1. Auflage
Erschienen am 30. Juli 2024
1247 Seiten
978-3-406-82637-5 (ISBN)
Beschreibung
Analysing the implications of German tax law for domestic and foreign enterprises, particularly in M&A and reorganisations, requires an understanding of the prerequisites and legal consequences of the German tax law. In an international context, a more than challenging exercise, especially due to the complex German terminology.
Written in English, this book provides clear and essential information on core aspects and key questions concerning German tax law, including
- Income taxation of individuals and corporations
- Taxation of partnerships
- Tax matters in inbound and outbound activities
- Taxation in M&A transactions and corporate reorganisations
Weitere Details
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Buch
07/2024
1. Auflage
C.H.BECK
299,00 €
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Inhalt
- Cover
- Title
- Imprint
- Preface
- Author
- Summary table of contents
- List of important abbreviations
- English translations of German legislation and other resources
- A. Overview of fully translated German tax provisions
- B. Further translations of German tax provisions
- C. Online translations and other useful resources
- Part I Introduction and Frequently Asked Questions
- Chapter 1. Introduction
- A. Overview of the German tax system
- B. Influence of European law on German tax law
- C. Outlook
- D. Additional information
- Chapter 2. 150 Frequently Asked Questions
- A. General
- B. Personal income tax
- C. Corporate income tax
- D. Trade tax
- E. Partnerships
- F. Cross-border activities
- G. Value added tax
- H. Real estate transfer tax
- I. Inheritance and gift tax
- J. Limitation, deadlines, interests, penalties and other procedural aspects
- Part II Taxation of Natural Persons, Corporations and Partnerships with Income Taxes
- Chapter 3. Taxation of natural persons with personal income tax
- A. Introduction
- B. Personal income tax liability
- C. Assessment period
- D. Determination of taxable income
- E. Computation of personal income tax liability
- F. Limited personal income tax liability in case of domestic source income
- G. Tax collection
- Chapter 4. Taxation of corporations with corporate income tax
- A. Introduction
- B. Taxable entity and separation principle
- C. Commencement and end of corporate income tax liability
- D. Formation and termination of a corporation
- E. Unlimited and limited corporate income tax liability
- F. Assessment period
- G. Objective tax exemptions
- H. Hidden profit distributions and hidden contributions
- I. Tax base and computation scheme for taxable income
- J. Corporate income tax rate
- K. Assessment and tax collection
- L. Taxation of the shareholders
- Chapter 5. Taxation of commercial operations with trade tax
- A. Introduction
- B. Assessment base for trade tax
- C. Taxpayer
- D. Tax liability of the commercial operation
- E. Commencement and end of trade tax liability
- F. Trade tax additions and deductions
- G. Trade tax on capital gains
- H. Trade tax losses
- I. Trade tax group
- J. Forfeiture of trade tax loss carry-forward for corporations
- K. Assessment procedure
- L. Credit of trade tax against personal income tax
- Chapter 6. Taxation of partnerships with income taxes
- A. Introduction
- B. Co-entrepreneurial risk and co-entrepreneurial initiative
- C. Attribution of the co-entrepreneurial interest
- D. Types of income for the partnership
- E. Income from commercial operations
- F. Limitation of loss deduction for the limited partner of a limited partnership
- G. Possibility to retain profits in a partnership
- H. Trade tax
- I. Taxation of the partners
- J. Formation and termination of partnerships
- K. Partnerships in cross-border situations
- L. Tax treatment of partnerships for other taxes than income taxes
- Chapter 7. Selected aspects of personal income tax, corporate income tax and trade tax
- A. Disposal and acquisition of individual assets, interests in partnerships and shares in corporations
- B. Tax group for income tax purposes
- C. Tax aspects of debt financing
- D. Forfeiture of losses for corporations
- E. Deduction of taxes at source
- F. Germany as holding location
- G. Minimum taxation based on the Minimum Tax Act
- Part III German Tax Aspects in Cross-Border Activities and M&A
- Chapter 8. German tax aspects of cross-border activities of German and foreign enterprises
- A. Overview of selected German tax regulations in a cross-border context
- B. Double taxation and its avoidance through a double taxation treaty
- C. Classification and recognition of foreign legal forms for German tax purposes
- D. Investments of foreign enterprises in Germany (inbound investment)
- E. Investments of a domestic enterprise abroad (outbound investment)
- F. Selected aspects of inbound and outbound investments
- Chapter 9. German tax aspects in M&A transactions
- A. Introduction
- B. Tax objectives of seller and purchaser
- C. Sale of shares in corporations
- D. Sale of individual assets
- E. Sale of interests in commercial partnerships
- F. Tax aspects for the purchaser
- G. Value added tax
- H. Transactions with real estate and real estate companies
- I. Special topics
- Part IV Reorganisations
- Chapter 10. Reorganisations of enterprises in Germany
- A. Introduction
- B. Reorganisations under German corporate law
- C. Reorganisations in the German commercial balance sheet
- D. Reorganisations under German tax law
- Chapter 11. Domestic reorganisations of enterprises under the Reorganisation Tax Act
- A. Merger of a corporation into a commercial partnership
- B. Conversion of a corporation into a commercial partnership
- C. Merger of a corporation into a corporation
- D. Split off of qualified business property from a corporation to a corporation
- E. Split off of qualified business property from a corporation to a commercial partnership
- F. Contribution of qualified business property to a corporation under the Reorganisation Tax Act
- G. Reorganisations of commercial partnerships under the RT Act
- H. Contribution of qualified business property to a commercial partnership under the Reorganisation Tax Act
- I. Reorganisations outside the scope of the Reorganisation Tax Act
- J. Implications of reorganisations on income tax groups
- K. Legal text and translation of the Reorganisation Tax Act
- Chapter 12. Reorganisations involving persons and/or business property in foreign countries
- A. General
- B. German reorganisation of German legal entities with a foreign connection
- C. Cross-border reorganisations
- D. Reorganisations of foreign legal entities with a German connection
- Part V Taxation with Value added Tax, Real Estate Transfer Tax, and Inheritance and Gift Tax
- Chapter 13. Taxation of entrepreneurs with value added tax
- A. Introduction
- B. General principles
- C. VAT group
- D. VAT aspects of reorganisations of enterprises
- E. VAT aspects of M&A transactions
- Chapter 14. Taxation of transactions with real estate transfer tax
- A. Introduction
- B. Tightening of the Real Estate Transfer Tax Act in 2021
- C. Taxpayer of real estate transfer tax
- D. Real estate in Germany
- E. Transactions triggering real estate transfer tax
- F. Tax base for real estate transfer tax
- G. Tax rate for real estate transfer tax
- H. Taxation procedure for real estate transfer tax
- I. Non-assessment of real estate transfer tax
- J. Obligation to report the ultimate beneficial owner of real estate to the German Transparency Register
- Chapter 15. Taxation of persons with inheritance tax and gift tax
- A. Introduction
- B. Unlimited and limited tax liability
- C. Object of taxation with inheritance and gift tax
- D. Tax exemptions
- E. Taxable acquisition
- F. Tax classes and tax allowances
- G. Tax rates
- H. Accrual of inheritance tax
- I. Notification obligations and tax return
- Part VI Tax Procedural Aspects, Legal Forms and Comparison of Tax Burdens
- Chapter 16. Aspects of tax procedural law
- A. General aspects of tax procedural law
- B. Aspects of tax procedural law in an international context
- C. General anti-avoidance rule
- Chapter 17. Legal forms under German law
- A. Overview
- B. Sole proprietors
- C. Partnerships
- D. Corporations
- Chapter 18. Choice of legal form and comparison of tax burden
- A. Introduction
- B. Choice of legal form
- C. Comparison of the income tax burden of a GmbH and a GmbH & Co. KG
- Appendix 1: Glossary
- Appendix 2: Status of existing German double taxation treaties and other agreements in the tax area as of 1 January 2023
- Appendix 3: Withholding tax rates under German double taxation treaties
- Appendix 4: Legal forms of international enterprises and their classification in Germany
- Appendix 5: Overview on international corporate income taxation (2022)
- Appendix 6: Social security contributions and income/wage taxes as a percentage of gross salary for employees in 2022
- Index
