Germany: Tax amendments 2015 finalised

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Germany: Tax amendments 2015 finalised

endres.jpg

Dieter Endres

After a series of political disputes, the Bundesrat gave its approval to a watered down Bill to change various tax rules on the lines of a traditional tax amendment act. While the amendments are not drastic, the Bill covers the following.

Income Tax Act

An attempt to transpose the ECJ Beker and Beker judgment of December 18, 2013 (case C-168/11) into national law. The ECJ held the present method of calculating the maximum foreign tax credit to be unacceptable because it effectively reduces personal allowances in proportion to the tax-free foreign source income. The amendment does not completely achieve its object because of a drafting error. Further legislative action is to be expected.

The employee outing tax-free allowance of €110 per head has been retained, but now includes the venue costs as well as the costs of consumption. The main effect is to complicate the administrative burden on employers.

Foreign Tax Act

The profit correction provision has been amended to remove all foreign/domestic considerations from third-party comparisons. This follows from attempts to deny the validity of an unfavourable third-party comparison because one of the parties to it was a local resident.

VAT

Managing portfolio investments on behalf of customers is henceforth a taxable transaction in Germany when performed for a customer in a non-member state of the EU. This responds to an unsuccessful attempt to claim the contrary before the ECJ.

Other changes

In the same session the Bundesrat gave its approval to provisions for less generous treatment of tax evaders coming forward. The restriction follows from improved methods of detection.

Open issues

Proposals that have not been passed, but which remain on the agenda – for 2015 or later – include:

  • a prohibition of a business expense deduction for an outlay that has been or will be deducted abroad. This is primarily intended to counter hybrid financing schemes;

  • taxation of the capital gains of companies from the sale of portfolio shareholdings. This demand of the Bundesrat reflects that body's view of a capital gain as a direct substitute for a dividend;

  • an extension of the intra-group exemption from the loss forfeiture rules for share transfers between related parties; and

  • the abolition of tax-free share exchanges to the extent of a cash balancing payment.

Dieter Endres (dieter.endres@de.pwc.com)

PwC Frankfurt

Tel +49 69 9585 6232

Website: www.pwc.com

more across site & shared bottom lb ros

More from across our site

Countries which care about fair taxation of tech multinationals and equitable global distribution of wealth should back the UN’s tax framework, writes economist Abdelmalek Riad
The cuts disproportionately affected staff in certain positions, the report also found; in other news, MHA announced the €24m acquisition of Baker Tilly South East Europe
The plan aims to improve the efficiency, transparency, and effectiveness of direct tax administration in India
Meanwhile, South Africa’s finance minister has accepted a court decision on suspending a VAT increase and US President Donald Trump mulls a 100% tariff on foreign films
Jaime Carey speaks about the benefits of his tax background, DEI values, the use of AI for a smarter legal practice, and other priorities that will define his presidency
Historically low levels of attrition over consecutive years made a ‘difficult decision’ necessary, PwC has reportedly said
WTS Global is also vetting new potential member firms in Algeria, Cote D’Ivoire and Benin, Kelly Mgbor tells ITR in an exclusive interview
The scope of qualifying pillar two tax credits could reportedly be broadened; in other news, hundreds of IRS appeals staff are to resign
For many taxpayers, the prospect of long-term certainty that a bilateral APA offers can override concerns about time, cost and confidentiality
Levine, who served under the Joe Biden administration, led the US’s negotiations on the OECD’s two-pillar solution
Gift this article