The German tax reform legislation taking effect in January 2001 (see International Tax Review, September 2000) creates a uniform corporation tax rate of 25% for all corporate earnings, whether distributed or retained, and whether earned by a domestic corporation, a dual resident corporation, or the domestic permanent establishment (ie a branch or a limited or general partnership) of a foreign corporation. While the new law trims only five percentage points off the corporation tax rate for distributed earnings, which falls from 30% to 25%, the rate for retained earnings and for the earnings of the domestic permanent establishment of a foreign corporation plunges by a whopping 15 percentage points, from 40% to 25%. With respect to permanent establishments, the 25% rate is definitive, since no branch profits tax applies and the repatriation of earnings triggers no withholding tax, even if treaty protection is unavailable.
September 30 2000