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Tax authorities

Bundesministerium der Finanzen
Graurheindorfer Strasse. 108
53117 Bonn
Tel: +49 1888 682 0
Fax: +49 1888 682 4420
Website: www.bundesfinanzministerium.de

Deutsche Steuer-Gewerkschaft
Friedrichstr. 169-170
10117 Berlin
Tel: +49 302 0625 6600
Fax: +49 302 0625 6601
Website: www.dstg.de

Tax rates at a glance

(As of August 2009) 

Corporate income tax rate 15.875% (a)
Capital gains tax rate 15.875% (a)
Branch tax rate 15.875% (a)

Withholding tax
Dividends 26.375%
Interest no withholding tax (b)
Royalties from patents and licences 15.875%

Net operating losses (years)
Carryback 1
Carryforward indefinite

(a) The federal general corporate rate is 15%, plus a 5.5% solidarity surcharge, with local trade tax rates bringing the effective tax rate to between 26% and 33%. Capital gains from the sale of the shares in a corporation and dividends are 95 % tax exempt for corporate shareholders.
(b) there are exceptions, for example, interest paid by banks

Source: Professionals from Luther Rechtsanwaltsgesellschaft, the German member of the Taxand global network of leading independent tax firms

Germany

Stefan Ditsch
PricewaterhouseCoopers
Germany

Comprehensive tax reform has not been on the agenda this year, unlike in 2008. However, issues such as permanent establishment and the status of tax havens did come in for attention from policy makers, reveals Stefan Ditsch of PricewaterhouseCoopers

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Tax

Advisers agree the German government has had trouble finding the right answers to overcome the economic downturn. "We expected the government to do more and we recommended more, but they rejected most suggestions," said one tax professional. The Ministry ... [more]

Flick Gocke Schaumburg remains a dominant force in the German market. Competitors praise its "strong" team of tax advisers. Ulrich Prinz stands out for his tax controversy advice. Thomas Rödder is also recommended. One peer said he is "shaping up to ... [more]

The team at Freshfields Bruckhaus Deringer is mentioned for its transactional tax advice. Peers especially commend its skill in advising on the tax aspects of financial instruments. Stephan Eilers retains his position as one of the best tax advisers ... [more]

Gottfried Breuninger joined the tax group of Allen & Overy in October 2008 from Shearman & Sterling. He specialises in national and international corporate tax, with a particular focus on M&A transactions and post-acquisition structures, tax-driven restructurings ... [more]

Deloitte is recommended for its transfer pricing expertise. This year the team acted for a multinational company in the compression and automation technology field in the preparation of its global transfer pricing policy for multi-currency cash pooling ... [more]

With 1,800 tax people across 16 offices, Ernst & Young has the largest tax practice of the big-four firms in Germany. Noted practitioner Ulrich Michaelis heads the group, which has acted for big-name clients such as Deutsche Bank, Deutsche Post and BASF, ... [more]

KPMG has 24 locations in Germany. The team covers all aspects of tax including financial services tax, indirect taxes, transfer pricing and international corporate tax.

Highly regarded lawyer Florian Schultz joined PricewaterhouseCoopers from Linklaters this year. He is recommended by a number of peers. Dieter Endres is praised for being "very good at managing his tax department" and for his "good client relationships". ... [more]

Baker & McKenzie has hired two economists this year to boost its transfer pricing team. Its strategy in Germany, and worldwide, is to focus on specialised areas. The firm has a team dedicated to indirect taxes and customs. The tax group's six partners ... [more]

Clifford Chance has lost a few lawyers this year but the team is still praised for its M&A work. One competitor said the practice is strong in financial services tax. Uwe Schimmelschmidt is recommended.

Two partners joined Gleiss Lutz this year. Cindy Lahusen came from White & Case and Stefan Mayer arrived from Hengeler Mueller. This takes the total number of tax specialists to 15. Prominent lawyer Achim Dannecker heads the department. He advised Crédit ... [more]

Several well-known lawyers have maintained Hengeler Mueller's reputation this year. Martin Klein, Friedhelm Jacob and Ernst-Thomas Kraft are all recommended. The team has advised E.ON, the largest energy company in Germany, this year on the €2.9 billion ... [more]

The arrival of Thomas Fox has given Latham & Watkins' tax team a significant boost. One competitor called him "proactive, smart and easy to work with" and a "very good catch for Latham". He joined from Shearman & Sterling. Latham advised a consortium ... [more]

Linklaters is praised for its transactional tax advice. Even though the firm lost Florian Schultz this year to PricewaterhouseCoopers, it still has number of leading tax advisers. Partners Jens Blumenberg and Florian Lechner are both highly recommend... [more]

P+P Pöllath + Partners has advised an impressive list of clients this year including Barclays Private Equity, Carlyle and Apax Partners. Most of the tax team focuses on the tax implications of transactions and asset management. The team advised Stargate ... [more]

RP Richter & Partner added five partners this year, including Claudia Weinhold who joined from Siemens. The firm now has 27 partners. The group expanded its transfer pricing services with the hiring of Michael Heckel, an international transfer pricing ... [more]

Streck Mack Schwedhelm has three locations in Germany: Cologne, Munich and Berlin. One industry commentator recommends the team as a whole for litigation. The core areas of this German law firm are tax litigation, tax investigation and tax structuring. ... [more]

BDO Deutsche Warentreuhand, a new entry, covers a whole range of tax and tax-related business law advisory services. The company has 27 locations in Germany and is part of BDO International, a worldwide network of legally independent auditing firms.

The tax team at Cleary Gottlieb Steen & Hamilton consists of five lawyers. They cover a range of tax services including tax litigation, VAT and some transfer pricing, although not on a day-to-day basis. The group advises some high profile clients including ... [more]

Debevoise & Plimpton specialises in the tax aspects of funds and fund formation. The team is led by well respected lawyer Friedrich Hey. He recruited two new associates this year. The group advised on several divestitures for Dover Corporation and new ... [more]

Hanno Berger is managing partner of Dewey & LeBoeuf's Frankfurt office. His speciality is in the development of corporate, regulatory and tax-optimised structures for derivatives, certificates and other financial products. Partner Bernulph von Crailsheim ... [more]

Goutier & Partner is a new entry this year. The practice is led by Klaus Goutier who specialises in M&A tax advice. The firm has three locations in Germany: Frankfurt, Berlin and Hamburg. One peer said: "They should be ranked. They are involved in big ... [more]

Haarmann advises clients in all matters of national, international and European tax law. Founding partner Wilhelm Haarmann is a tax consultant. He is also a member of the executive board of the International Fiscal Association's German section. As such, ... [more]

küffner maunz langer zugmaier, led by Stefan Maunz, specialises in VAT at a national and European level. The group hired two associates this year.

Lovells has a tax presence in Dusseldorf and Munich. The team advises on various aspects of direct and indirect taxes including M&A, restructurings and real estate issues.

Luther Rechtsanwaltsgesellschaft - Taxand is the German member firm of independent tax network, Taxand. Tax structuring of M&A, transfer pricing, tax due diligence and international taxation are just some of the areas the group specialises in. The team ... [more]

Three partners including noted tax lawyer Dirk Pohl lead the tax team at McDermott Will & Emery. They offer advice on all tax aspects of M&A and restructurings, income tax, VAT issues, German real estate transfer tax matters and global estate plannin... [more]

Nörr Stiefenhofer Lutz advises clients on all aspects of taxation including company acquisition and restructuring, tax-optimised financing and international taxation. The firm has offices in Berlin, Dresden, Düsseldorf, Frankfurt and Munich.

Oppenhoff & Partner, a spin-off of the Cologne office of Linklaters, continues to be highly regarded by peers. The team advises clients on three areas of expertise: transactional tax matters, transfer pricing and tax disputes. Axel Bödefeld is mentioned ... [more]

Indirect tax, transfer pricing, international taxation and M&A are some of the areas Rödl & Partner advises on. Tax is one of the firm's core competencies.

Shearman & Sterling lost highly respected lawyers Gottfried Breuninger and Thomas Fox this year. Johannes Frey and Reinhard Stockum are the two remaining partners in the team. Frey is mentioned for his M&A skills.

The Skadden Arps Slate Meagher & Flom team is praised by clients for being "technically very strong and very thorough". The practice consists of one partner, Hans-Georg Berg, one counsel and one associate. Their impressive client list consists of Continental ... [more]

Alexander Voegele is highly recommended by peers for transfer pricing advice. He heads Voegele Partner NERA, a specialist transfer pricing firm. He lists Airbus and Cable and Wireless among his biggest clients.

White & Case operates out of Frankfurt, Berlin and Hamburg. Andreas Knebel is head of the tax practice. The team advised the Federal Republic of Germany in connection with the successful privatisation of Vivico Real Estate in a deal worth €1 billion.

WTS

WTS is a German tax consultancy, which specialises in acting as a client's tax function. The practice was set up 10 years ago and started with the outsourcing of Siemens' tax department. Now they work for about a dozen clients including MAN, LaSalle ... [more]

See also

Germany
Western Europe (Regional Rankings)

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