Tax developments this year have been coloured by the political deadlock in the country. The government does not control the upper house which has meant that there have been few major changes. The Free Democratic Party, the junior partner in the coalition, ...
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Tax developments this year have been coloured by the political deadlock in the country. The government does not control the upper house which has meant that there have been few major changes. The Free Democratic Party, the junior partner in the coalition, were also forced to jettison their programme of tax cuts as part of the agreement that brought them into government. "I wouldn't expect any major changes in the near future" said one adviser.
The main talking point at the moment has been the reform to the Reorganisation Tax Act (Umwaldlungssteuergesetz). The German fiscal authorities published a draft decree on May 2 2011. The decree, which comprises 177 pages in total, provides mostly comments on changes to the law after the German SE Introductory Act of 2006 which was aimed at allowing cross-border reorganisations within the EU.
The decree also provides further clarification on other areas: reorganisations at book value and at fair market value for German general accepted accounting principles (GAAP) purposes, definition of branch activity, downstream mergers for non-resident shareholders, and holding periods for shares received in tax neutral contribution in kind. Though the decree was intended to provide clarity a number of tax advisers have lamented its restrictive approach. "This will certainly make reorganisations a lot more difficult" said one. "What we hear is not encouraging" said another.
In more bad news for taxpayers the European Commission concluded in January that the reorganisation clause (Sanierungsklausel) under the German Corporate Income Tax (Körperschaftsteuergesetz) contradicts European state aid laws. The clause, which was formally adopted in June 2009, allows for losses to be deducted from future tax profits when up to 50% of the shares in a company are transferred to another purchaser.
Any substantial changes are likely to wait until the deadlock in Parliament is concluded. Some practitioners have predicted that possible changes may include the replacement of the trade tax with an addition to the corporate tax rate but this is far from unanimous. "That's been discussed for decades but that's never happened" said one advisor.
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