German Federal Fiscal Court: German thin cap rules might violate the Constitution

May 01 2014

In a recently published decision, the German Federal Fiscal Court (BFH) ruled that the German thin capitalisation regulations (interest barrier rule) may violate the principles of fair taxation as laid down in the German Constitution. Affected taxpayers should take all measures to keep their assessments open and to stay the execution of their tax assessment notice.

Unlock this content.

The content you are trying to view is exclusive to our subscribers.

To unlock this content:

Take a Free Trial or Login

Topics

more across site & shared bottom lb ros

More from across our site

Transfer Pricing

‘TP not a mechanical compliance exercise’: experts dissect Brazil’s Petrobras ruling

The case sits within a context of Brazil signalling that it is replacing informal discretion and ambiguity with structures that reward analytical rigour, one expert tells ITR

Sam Sholli, May 14 2026

Podcasts

Taxing Times podcast Jeff Soar WTS article header

Podcast: WTS UK’s CEO breaks cover on strategy, the big four and AI

Jeff Soar lifts the lid on WTS UK’s ambitious recruitment plans, the firm's positioning against the big four, and why tax is the perfect profession for AI

Tom Baker, May 14 2026

Direct Tax

Charles Russell appoints partner to build Italian corporate tax practice

The move reinforces Milan’s role as a key European hub for international business, the firm said

Sam Sholli, May 13 2026

Direct Tax

ATO to receive A$86.3m funding over four years

Australia’s government has also announced that it will implement the pillar two side-by-side agreement

Sam Sholli, May 13 2026

Direct Tax

Exclusive: Fieldfisher private client specialist leaves for barrister-led practice

Sara Morgan is due to join Joseph Hage Aaronson & Bremen as a partner in London, ITR understands

Tom Baker, May 11 2026

Direct Tax

‘No one’s eating anyone else’s lunch’: inside McDermott’s tax-powered merger

The newly combined tax team has already worked on thousands of joint client matters, leaders from McDermott Will & Schulte tell ITR

Tom Baker, May 11 2026

A taxing week: 2026 is the watershed year for AI in tax

As AI becomes increasingly intuitive and idiot-proof, its tax applicability is becoming impossible to overstate

Tom Baker, May 08 2026

Direct Tax

The globe, with lines connecting different countries

This week in tax: US and Swiss MNEs lag global counterparts on CbCR compliance

New data on public CbCR showed uneven adoption, as Singapore advanced pillar two compliance and firms expanded their tax capabilities

Tom Baker, May 08 2026

Transfer Pricing

TP and the Corporate Tax Roadmap: reform by momentum, not revolution

Nearly two years after its publication, the Corporate Tax Roadmap is reshaping the UK’s TP framework through incremental reforms focused on scope, transparency and earlier HMRC intervention

Devon Buffoni, May 07 2026

Direct Tax

Audit And Fraud Investigation. Auditor Using Magnifying Glass

Pillar two’s first compliance test: what advisers should be telling clients

With a stark divergence between MNEs that prepared early and those rushing to catch up, advisers must remain agile with all manner of compliance risks

Akashni Ashok Latchanna, May 06 2026