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Will Unshell be washed away? An uncertain future for ATAD 3 - the EU’s tax proposal on shell entities

The European Commission put forward a proposal in 2021 to tackle shell entities (known as ATAD 3). Despite widespread support for the concept, reaching agreement on the technical details of the Unshell Directive has proved...more

VAT liability for supervisory board remuneration

The VAT handling of the settlement of remunerations for Supervisory Board members has been changed. Consequences resulting from these changes must be implemented by 1 January 2022 at the latest. Companies must check the legal...more

German administrative guidelines on cum/cum and securities transactions – A challenging revision of principles

The Federal Finance Ministry (BMF) circulated revisited guidelines regarding the allocation of economic ownership in cum/cum and securities transactions on 15 July 2021. These guidelines include some fundamental changes...more

Rights granted abroad – Will withholding tax still be due in Germany after all?

For months now the treatment of licence fee income generated in Germany under licence agreements concluded between foreign companies where the right granted is merely listed in a public register in Germany has been causing...more

German lawmaker enacts the 2020 Annual Tax Act

After the German Bundestag (lower house of German legislature) has passed the 2020 Annual Tax Act (JStG 2020, in the version of the resolution recommendation of the Finance Committee of the German Bundestag) on 16 December...more

Rights granted abroad – Withholding tax due in Germany?

Draft bill published on 19 November 2020 offers hope that an unnecessary tax discussion may be brought to an end A German tax issue has been causing great uncertainty among international corporates since spring 2020: Are...more

Current developments of the contemplated German real estate transfer tax reform

The first “official” draft bill on the contemplated German real estate transfer tax (RETT) reform was published by the German Ministry of Finance last week. It picks up the proposals by the German Federal States from last...more

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