Germany: Tax amendments 2015 finalised

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

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

The UK tax agency has appointed six independent industry specialists to the panel
The two tax partners have significant experience and expertise in transactional and tax structuring matters
Katie Leah’s arrival marks a significant step in Skadden’s ambition to build a specialised, 10-partner London tax team by 2030, the firm’s European tax head tells ITR
Increasingly, clients are looking for different advisers to the established players, Ryan’s president for European and Asia Pacific operations tells ITR
Using tax to enhance its standing as a funds location is behind Luxembourg’s measures aimed at clarifying ATAD 2 and making its carried interest regime more attractive
Encompassing everything from international scandals to seismic political events, it’s a privilege to cover the intriguing world of tax
In his newly created role, current SSA commissioner Bisignano will oversee all day-to-day IRS operations; in other news, Ryan has made its second acquisition in two weeks
In the age of borderless commerce, money flows faster than regulation. While digital platforms cross oceans in milliseconds, tax authorities often lag. Indonesia has decided it can wait no longer
The tariffs are disrupting global supply chains and creating a lot of uncertainty, tax expert Miguel Medeiros told ITR’s European Transfer Pricing Forum
Corporate counsel should combine deep technical knowledge with strategic dynamism, says Agarwal, winner of ITR’s EMEA In-house Indirect Tax Leader of the Year award
Gift this article